The Court of International Trade should remand the Commerce Department's failure to meet its obligation to verify the information of mandatory respondent Shakti Forge Industries in an antidumping duty investigation on forged steel fittings from India, petitioner Bonney Forge Corporation, along with the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, said in a July 22 reply brief. Commerce's use of facts otherwise available doesn't excuse the agency from its duty to verify and leads to "absurd results," Bonney Forge said (Bonney Forge Corporation et al. v. United States, CIT #20-03837).

The Commerce Department's use of Thai surrogate data in two antidumping administrative reviews of crystalline silicon photovoltaic cells from China was not properly supported, the Court of International Trade said in two nearly identical July 28 decisions. Judge Claire Kelly, penning the opinions, sought to bring Commerce's practice in line with a U.S. Court of Appeals for the Federal Circuit decision that called unreasonable the agency's “bookend methodology” in selecting the surrogate data. Stopping short of instructing Commerce to cease its use of the Thai data, Kelly found that the agency's rationale was unsupported and remanded the surrogate value selection for further consideration or explanation.

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The Commerce Department's use of a simple average to calculate a pooled standard deviation as part of the differential pricing analysis in an antidumping duty case was reasonable and permitted under the statute, the U.S. and Mid Continent Steel & Wire said in reply briefs to the U.S. Court of Appeals for the Federal Circuit. Responding to the opening brief filed by the appellants, led by PT Enterprise, both the government and Mid Continent argued that the "academic literature" backed the use of simple averages and that PT's proposed method of weighing the averages cut against the science (Mid Continent Steel & Wire, Inc. v. United States, Fed. Cir. #21-1747).

Changi Esquel Textile (CJE), a Hong Kong-based apparel company and part of the Esquel group of companies, filed for a preliminary injunction on July 19 against its placement on the Commerce Department's Entity List. The company is seeking the injunction even though it expects an announcement soon on potential changes to its status on the list, it said. "The government has informed Plaintiffs that there will likely be a development regarding CJE’s continued Entity List designation by August 1," the company said.

The government rejected the proposal from Section 301 plaintiffs at a U.S. Court of International Trade status conference July 23 that would have entitled importers to refunds from reliquidated customs entries from China with lists 3 and 4A tariff exposure if they prevail on the merits at the end of the litigation.

The Commerce Department will review whether Russia is a non-market economy for antidumping duty purposes as part of a less-than-fair-value investigation into urea ammonium nitrate from the country, Commerce said in a notice initiating the investigation. Domestic producer CF Industries Nitrogen and its subsidiaries alleged that Russia was a nonmarket economy in the petition underlying the investigation.

In dueling briefs filed to the Court of International Trade in a case over the president's decision to reverse a safeguard exemption on bifacial solar panels, the Department of Justice and plaintiffs led by the Solar Energy Industries Association argued over whether a recent U.S. Court of Appeals for the Federal Circuit opinion is relevant to their case. The decision, Transpacific Steel LLC et al. v. U.S., found that the president could hike Section 232 national security tariffs beyond time limits imposed by the statute (see 2107130059). DOJ in its brief said that the decision lends itself to ruling in the government's favor in the case of the solar panels. SEIA said that the decision has "little relevance" to its case since the decision deals with "an entirely different statute," in its letter (Solar Energy Industries Association et al. v. United States, CIT #29-03941).

The Commerce Department properly found that Shelter Forest International Acquisition's hardwood plywood exports were not later-developed merchandise and therefore did not circumvent the antidumping and countervailing duty orders on hardwood plywood from China, the Court of International Trade said in a July 21 opinion. After initially finding that Shelter Forest's plywood exports were circumventing the orders, Commerce flipped its determination after an initial CIT remand.

The Commerce Department only needs to show the potential for government control to deny separate rate status to a non-market economy exporter, the Court of International Trade said in a July 6 opinion made public on July 21. "A puppet master is no less in control when the strings are slack," CIT Judge M. Miller Baker said in the opinion. To be granted an individual rate, the respondent must prove that its operations are devoid of de facto government control. Since I.D.I. International Development and Investment Corporation failed to do, it failed to obtain an individual rate, the judge said.