The Commerce Department reasonably interpreted the Trade Act of 1930 to pause antidumping and countervailing duties on solar cells and modules from four Southeast Asian countries, the government told the Court of International Trade on Oct. 29. Responding to U.S. solar cell maker Auxin Solar and solar module designer Concept Clean Energy, the U.S. said the two companies' arguments belie "Congress' broad delegation of rulemaking authority" to respond to an emergency found by the president (Auxin Solar v. United States, CIT # 23-00274).
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 Transportation Department doesn't have "vested authority" to determine whether to admit entries of goods based on whether they comport with federal safety standards, the Court of International Trade held on Oct. 30. Judge Lisa Wang said that, as a result, CBP has the relevant admissibility authority and the trade court can hear the case.
Sally Laing, former chief international trade counsel for Sen. Ron Wyden, D-Ore., and the Senate Finance Committee, returned to Akin, the firm announced. Laing rejoined the firm as an international trade partner after working in the Senate and also as assistant general counsel in the Office of the U.S. Trade Representative. She started her career as a summer associate, international trade associate and counsel at Akin.
The Commerce Department on Oct. 28 continued to reject separate rate status for exporters Mayrun Tyre (Hong Kong), Shandong Hengyu Science & Technology Co., Winrun Tyre Co., Shandong Wanda Boto Tyre Co. and Shandong Linglong Tyre Co. in the 2016-17 review of the antidumping duty order on passenger vehicle and light truck tires from China (YC Rubber Co. (North America) v. U.S., CIT # 19-00069).
The Commerce Department continued to include importer Elysium Tiles' composite tile within the scope of the antidumping and countervailing duty orders on ceramic tile from China. Submitting remand results to the Court of International Trade on Oct. 29, Commerce said that the imports' marble top layer doesn't remove the tile from the scope of the orders, which covers "ceramic tile with decorative features" (Elysium Tiles v. United States, CIT # 23-00041).
Importer Portmeirion Group USA dropped its customs case at the Court of International Trade on Oct. 28, filing a notice of dismissal. The company brought the suit in 2021 to reclassify its ceramic tableware and kitchenware imports under Harmonized Tariff Schedule subheading 6911.10.3850, dutiable at 6%, or subheading 6912.00.3950, dutiable at 4.5%. Counsel for the importer declined to comment (Portmeirion Group USA v. United States, CIT # 21-00179).
The Court of International Trade on Oct. 28 denied importer Retractable Technologies' motion for a temporary restraining order and preliminary injunction against the collection of certain Section 301 tariffs, though the court granted the company's motion for a preliminary injunction enjoining liquidation of its entries during the course of litigation. Judge Claire Kelly issued the confidential decision, giving the parties until Nov. 1 to review any confidential information in the opinion (Retractable Technologies v. U.S., CIT # 24-00185).
The Court of International Trade on Oct. 28 dismissed exporter Yantai T.Full Biotech Co.'s antidumping case for failure to prosecute. The exporter didn't file a complaint within the period prescribed by the statute. The company filed its suit in September to contest the Commerce Department's antidumping duty investigation on pea protein from China (Yantai T.Full Biotech Co. v. United States, CIT # 24-00183).
The Commerce Department has the authority to countervail currency undervaluation, the Court of International Trade held in a decision made public Oct. 25. Judge Timothy Reif found that nothing in the text of the countervailing duty statute, the statute's legislative history or legislative or administrative developments prohibit Commerce from imposing CVD due to a country's undervalued currency.
The Commerce Department unlawfully declined to assign exporter Yantai Zhongzhen Trading Co. a separate antidumping rate in the AD investigation on pea protein from China, the company argued in a complaint at the Court of International Trade on Oct. 25. Zhongzhen targeted Commerce's decision to root its finding in the fact that one if its corporate officials is a member of a local People's Congress and another is a member of the Chinese People's Political Consultative Conference of Zhaoyuan City (CPPCC) (Yantai Oriental Protein Tech Co. v. United States, CIT # 24-00181).