The Court of International in a July 7 opinion upheld CBP's decision to deny Shuzhen Zhong a customs broker's license. Zhong, appearing pro se and seeking to get to a passing grade of 75% or higher on a customs broker license exam, appealed the answers to two questions. Judge Jane Restani ruled that CBP's decision to deny credit for both questions was backed by substantial evidence.

The U.S. Court of Appeals for the Federal Circuit in a July 6 opinion ruled that the Commerce Department didn't err in using total adverse facts available rates to calculate the all-others rate in an antidumping duty review on steel nails from China. While the law bars the use of total AFA when calculating the all-others rate in AD investigations, it makes no mention of AD reviews, so the question is deferred to Commerce, the court said. The appellate court said Commerce was right to use partial AFA on respondent Dezhou Hualude Hardware Products over its main supplier's transshipment scheme.

The Supreme Court's landmark ruling June 30 that curbed the Environmental Protection Agency's power to issue regulations intended to counter climate change is unlikely to have ramifications for trade cases at the Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, but there is a chance some trade actions with a larger scope could be affected, trade lawyers said in recent days.

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The Court of International Trade in a June 9 opinion made public July 1 sent back parts and upheld parts of the Commerce Department's final determination in the antidumping duty investigation on biodiesel from Indonesia. Judge Richard Eaton said that Commerce's decision to rely on constructed value based on particular market situation findings for home market sales made through Indonesia's Public Service Obligation program was valid, but that the reliance on CV for non-program sales needed to be further explained. The judge also held that the agency had to further explain its legal authority to make a CV adjustment to account for Renewable Identification Numbers (RINs) -- tradeable credits issued by the U.S. Environmental Protection Agency.

The Court of International Trade in a June 30 opinion upheld the Labor Department's decision to deny a group of former AT&T call center workers trade adjustment assistance, ruling that the department "(finally) gets it right," following two previous remand orders. Judge M. Miller Baker ruled that Labor adequately explained the evidence it relied on, asserting that the department appropriately relied on certified information to declare that the company did not offshore the plaintiffs' call center jobs.

The U.S. Court of Appeals for the Federal Circuit owes no deference to CBP's procedures in an antidumping and countervailing duty evasion investigation since those procedures violated importer Royal Brush Manufacturing's due process rights, the importer argued in a June 30 reply brief. Royal Brush also argued that CBP's decision to not give the importer access to business confidential information in the Enforce and Protect Act proceeding is a problem of CBP's own creation, and that the U.S. offers insufficient defenses of the company's constitutional due process claims (Royal Brush Manufacturing Inc. v. U.S., Fed. Cir. #22-1226).

The U.S. District Court for the Western District of North Carolina will allow shipping company Planet Nine Private Air's counterclaims of fraud, fraudulent concealment and negligent misrepresentation to proceed, denying We CBD's motion to dismiss them, in a June 28 opinion (We CBD v. Planet Nine Private Air, W.D.N.C. #21-00352).

The Commerce Department erred by finding that Krakatau POSCO -- a joint venture between a private South Korean steel company and an Indonesian government-owned firm -- was not a government authority, leading Commerce to find its provision of cut-to-length steel plate below cost was not countervailable, the Wind Tower Trade Coalition said. Arguing against the U.S. and exporter Kenertec Power System, the coalition said in a June 29 reply brief at the U.S. Court of Appeals for the Federal Circuit that by making its decision, the agency "elevated form over substance, frustrated the intent of the CVD law, and allowed Indonesia's wind tower producer to receive subsidies and escape duties" (PT. Kenertec Power System v. U.S., CIT Consol. #20-03687).

The U.S. District Court for the Southern District of New York should issue an injunction against One Banana North America Corp. from seeking arbitration in New York over claims that cargo company MSC Mediterranean Shipping Co. damaged banana shipments, MSC said in a June 27 complaint. The shipping company said that the terms of the contract between MSC and One Banana clearly stipulate that cargo claims can only be litigated before the Southern District of New York (MSC Mediterranean Shipping Co. v. One Banana North America Corp., S.D.N.Y. #22-05425).