The U.S. on Sept. 13 defended the Commerce Department's remand determination that the Korean government's full allotment of carbon emissions credits to exporter Hyundai Steel Co. is de jure specific. The government said Hyundai's claims that the Court of International Trade already rejected Commerce's reasoning and that the agency ignored the court's questions in the remand were unconvincing (Hyundai Steel Co. v. United States, CIT # 22-00029) (Dongkuk Steel Mill Co. v. United States, CIT # 22-00032).
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
The U.S. and surety company Aegis Security Insurance Co. on Sept. 13 asked the Court of International Trade to use the items produced in discovery in a separate case involving both parties (U.S. v. Aegis Security Insurance Co., CIT # 22-00327).
U.S. seafood seller Luscious Seafood argued on Sept. 13 that the Commerce Department misinterpreted the statute when it found that the company didn't qualify as a bona fide wholesaler of the domestic like product. As a result of its finding, Commerce found Luscious' request for administrative review of the antidumping duty order on frozen fish fillets from Vietnam invalid (Luscious Seafood v. United States, CIT # 24-00069).
Countervailing duty petitioner Nucor Corp. argued on Sept. 9 that the Commerce Department erred in reconsidering the alleged benefit conferred by debt-to-equity swap element of exporter KG Dongbu's debt restructuring program. Nucor said Commerce "has the inherent authority to reconsider its prior determinations, whether or not that reconsideration is based on specific types of new evidence on the record," making the decision to countervail the debt-to-equity swaps lawful, despite the agency having come to different conclusions in the past (KG Dongbu Steel Co. v. United States, CIT # 22-00047).
The U.S. District Court for the Eastern District of California on Sept. 13 dismissed a suit from three U.S.-based honey producers related to the alleged import of "fake" honey. Judge Daniel Calabretta held that the honey producers, led by Henry's Bullfrog Bees, failed to include sufficiently specific factual allegations to support their claims that the defendants -- honey importers and distributors -- engaged in fraud (Henry's Bullfrog Bees v. Sunland Trading, E.D. Cal. # 2:21-00582).
Antidumping duty petitioner Daikin America on Sept. 9 opposed the Commerce Department's remand results finding it wasn't feasible for respondent Gujarat Fluorochemicals to report its movement expenses on a transaction-specific basis. Daikin said the agency wrongfully said Gujarat's grade-based allocation was as specific as it could be and didn't cause "inaccuracies and distortions" (Daikin America v. United States, CIT # 22-00122).
The following lawsuit was recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Sept. 12 allowed the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations appear as an amicus in a case on the Commerce Department's use of the Cohen's d test to detect "masked" dumping. The committee filed the brief to respond to claims from other amici led by the Canadian government, which invoked various academic literature on the use of the test (see 2408230010) (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
The U.S. Court of Appeals for the Federal Circuit on Sept. 11 denied a motion for rehearing from the governments of Canada and Quebec and exporter Marmen Inc. regarding the court's decision sustaining the countervailability of a Canadian tax program. All the judges in regular active service -- Judges Kimberly Moore, Alan Lourie, Timothy Dyk, Sharon Prost, Jimmie Reyna, Richard Taranto, Raymond Chen, Todd Hughes, Kara Stoll, Tiffany Cunningham and Leonard Stark -- agreed to deny the petition (Government of Quebec v. U.S., Fed. Cir. # 22-1807).
The Court of International Trade on Sept. 12 dismissed a customs penalty suit against Greenlight Organic and its owner Parambir Singh "Sonny" Aulakh after the parties filed a joint stipulation of dismissal. The parties told the court a settlement was reached in the case, which was filed in 2017 to address an alleged misclassification scheme carried out by the defendants (see 2409090056) (United States v. Greenlight Organic, CIT # 17-00031).