The Court of International Trade sustained the final results of the second administrative review of the antidumping duty order on steel nails from Oman, in a June 14 decision. Judge Richard Eaton held that there was substantial evidence to back the Commerce Department's decision to use a Japanese company's financial statement to determine constructed value profit and indirect selling expenses for mandatory respondent Oman Fasteners, as opposed to an Indian company's financial statement as favored by petitioner and plaintiff in the case, Mid Continent Steel & Wire.

President Donald Trump properly eliminated a tariff exemption for bifacial solar panels since a majority of the representatives of the domestic industry, by volume, filed a petition to remove the exemption, the Department of Justice said in a June 11 brief in the Court of International Trade. Responding to arguments from the Solar Energy Industries Association, the Justice Department contested the trade group's assertion that the withdrawal of the exemption was merely based on a "head count" (Solar Energy Industries Association et al. v. United States, CIT #20-03941).

Oral argument is scheduled for 10 a.m. on June 17 on a motion for a preliminary injunction to freeze liquidation of unliquidated entries from China with lists 3 or 4A tariff exposure in the ongoing litigation over the tariffs led by HMTX and Jasco at the Court of International Trade (see 2106140056). The public can listen through a dial-in audio feed by calling 1-855-244-8681, access code 172 077 0162. There is no need to register to listen to the proceeding, CIT said on its website.

A far-reaching legal challenge to Section 232 steel and aluminum tariffs brought by ME Global was stayed by the Court of International Trade pending an appeal of a related case in the U.S. Court of Appeals for the Federal Circuit, according to a June 14 stay order (ME Global, Inc. v. United States, CIT #20-00130) The Federal Circuit case, Universal Steel Products, Inc. v. United States, carries arguments similar to those in ME Global's case in that both claim that procedural requirements were ignored in President Donald Trump's expansion of the tariffs (see 2105250077).

The Court of International Trade is set to hold oral arguments over a key relief question in the massive Section 301 litigation on June 17. Chief Judge Mark Barnett sent out four questions to the parties in a June 14 letter concerning the following: (1) how uncertainty over the court's authority to provide relief establishes that the plaintiffs are likely to suffer irreparable harm without this relief, (2) cases in which the U.S. Court of Appeals for the Federal Circuit found that CIT did not determine appropriate relief, (3) how the first question is articulated by the Supreme Court decision Winter v. Natural Resources Defense Council and (4) the court's authority to enter a money judgment instead of reliquidation in the event the plaintiff's preliminary injunction prevails. The oral arguments will be held over the motion for a preliminary injunction filed by the plaintiffs to freeze the liquidation of unliquidated entries from China with lists 3 and 4A tariff exposure (see 2106070017).

A challenge to Section 232 tariffs on steel “derivatives” brought by Tempo Global Resources will have to wait until after a key appeal in the U.S. Court of Appeals for the Federal Circuit, the Court of International Trade said in a June 14 stay order. In a related case, PrimeSource Building Products Inc. v. United States, CIT found the tariff expansion onto steel and aluminum derivatives to be in violation of congressionally mandated time limits. On June 4, the Justice Department alerted the court of its intention to appeal to the Federal Circuit (see 2106110040) (Tempo Global Resources LLC v. United States, CIT #20-00066).

The following lawsuits were recently filed at the Court of International Trade:

The Court of International Trade should stay liquidation of PrimeSource Building Products' imports of steel "derivatives" and reinstate the requirement of PrimeSource to monitor future derivative imports and maintain a sufficient continuous bond, pending an appeal of the steel derivative decision, the Department of Justice said in a June 9 filing.

Kazakhstan's Ministry of Trade and Integration is denied the right to join a countervailing duty case on silicon metal from Kazakhstan in the Court of International Trade as a plaintiff-intervenor, Chief Judge Mark Barnett declared June 11. "The motion is denied without prejudice for failure to comply with USCIT Rule 24," Barnett said in a text order. Defendant-intervenors and petitioners in the underlying CVD case, Globe Specialty Metals and Mississippi Silicon, said the trade ministry failed to mention the administrative determination to be reviewed and the issues the proposed intervenor wants to litigate (see 2106090088) (Tau-Ken Temir LLP et al. v. United States, CIT #21-00173).

Chinese exporter Changzhou Trina Solar Energy's case was severed from a consolidated action in the Court of International Trade because the other plaintiffs are appealing the trade court's decision in the U.S. Court of Appeals for the Federal Circuit, a June 9 order said. Trina originally filed its lawsuit in CIT to challenge the final results of the fourth administrative review of the countervailing duty order on crystaline silicon photovoltaic cells from China. As a result of the CIT decision, Trina's total CVD rate dropped from 9.12% to 2.93%. CIT also ordered entries related to Trina's case liquidated (Canadian Solar Inc. et al v. United States, CIT Consol. #18-00184).