The Court of International Trade in an opinion made public April 16 sent back the Commerce Department's use of adverse facts available against exporter Garg Tube Exports in the 2018-19 review of the antidumping duty order on welded carbon steel standard pipes and tubes from India.

The International Trade Commission on April 16 continued to stick by its decision that imports of methionine from Spain had "significant price effects on prices for the domestic like product," part of its finding in an antidumping duty investigation that the imports of the product injured U.S. industry. In remand results submitted to the Court of International Trade, the commission said it considered the "factual accuracy of the volume of lost sales," as instructed by the court, and came to the same conclusion (Adisseo Espana v. United States, CIT # 21-00562).

Chinese exporter Ninestar Corp. will submit a delisting petition with the Forced Labor Enforcement Task Force to get off the Uyghur Forced Labor Prevention Act Entity List, the company told the Court of International Trade in an April 12 status report (Ninestar Corp. v. United States, CIT # 23-00182).

The U.S. Court of Appeals for the 10th Circuit on April 12 ruled that Texas construction equipment distributor I Dig Texas didn't falsely represent its skid steer attachments as being made in the U.S. The court said the company's advertisements were ambiguous on whether the products' parts are all American-made or whether the goods themselves were assembled in the U.S. (I Dig Texas v. Kerry Creager, 10th Cir. # 23-5046).

In response to a petitioner’s claim that the Commerce Department was required to conduct a de facto specificity analysis on a German subsidy after finding that subsidy was not de jure specific, the U.S. said that such an analysis would "likely be futile” (BGH Edelstahl Siegen GmbH v. U.S., CIT # 21-00080).

The U.S. and a defendant-intervenor defended the Commerce Department’s use of adverse facts available in another Export Buyers’ Credit Program case April 10 before the Court of International Trade. A Chinese solar cell exporter was slapped with the AFA after one of its customers refused to provide a non-use certificate (Risen Energy Co. v. U.S., CIT # 23-00153).

The Court of International Trade on April 11 sent back the Commerce Department's duty drawback adjustment to exporter Assan Aluminyum, which led to a de minimis antidumping duty rate in the AD investigation on common alloy aluminum sheet from Turkey. Judge Gary Katzmann said it "appears that" Commerce's methodology "impermissibly increased Assan's export price by more than 'the amount of any import duties imposed by the country of exportation which have been rebated."

The Commerce Department reversed its scope ruling on modified vertical shaft engines with horizontal crankshafts on remand at the Court of International Trade, now finding that the engines don't fit under the scope of the antidumping and countervailing duty orders on vertical shaft engines between 99cc and up to 225cc from China (Zhejiang Amerisun Technology Co. v. U.S., CIT # 23-00011).

The Court of International Trade on April 10 remanded the Commerce Department's use of a 10.54% adverse facts available rate for alleged benefits exporter Yama Ribbons and Bows Co. received from China's Export Buyer's Credit Program. Judge Timothy Stanceu agreed with Yama that the agency failed to show that the subsidy program from which the rate was taken -- preferential lending rates to China's coated paper industry program -- is similar to the EBCP.

The Court of International Trade on April 10 rejected the preferred tariff classification of notebooks with calendars from both CBP and importer Blue Sky the Color of Imagination, slotting the products under Harmonized Tariff Schedule subheading 4820.10.20.10 as "diaries." Judge Jane Restani explained that the court should prefer readings of the HTS that establish "conformity" across both the English and French translations of the Harmonized System.