Steel rebar importer Power Steel Co. paid Section 232 duties on its imports, and those payments were eligible to be deducted from its U.S. price in an antidumping case, the Department of Justice argued in a June 9 brief in the Court of International Trade (Power Steel Co., Ltd. v. United States, CIT #20-03771).

The Commerce Department "finally" came to a conclusion in an antidumping administrative review on large power transformers from South Korea that is in line with "record facts, the law and basic standards of investigative fairness," mandatory respondent Hyosung Heavy Industries Corporation said in June 7 comments on remand results. Joined by the other mandatory respondent Hyundai Heavy Industries and the Department of Justice, Hyosung voiced its approval of the remand results in the Court of International Trade, which scrapped the application of total adverse facts available after DOJ requested a voluntary remand to "reconsider" the original determinations (Hyundai Heavy Industries Co., Ltd. v. United States, CIT #18-00066).

The Department of Justice takes too narrow a view on when labeling qualifies as printed material in the tariff schedule, Amcor Flexibles Kreuzlingen said in a June 7 brief responding to DOJ’s motion for judgment in a classification case at the Court of International Trade. Amcor argues that the printed labeling on its pharmaceutical packaging is of primary importance, and the packaging should as a result be classified in heading 4911 as printed matter, rather than as aluminum foil of heading 7607.

Akin Gump lawyers for the Section 301 sample case plaintiffs, HMTX Industries and Jasco Products, asked the Court of International Trade to hold oral argument on the preliminary injunction they seek to freeze the liquidation of unliquidated entries from China with lists 3 and 4A tariff exposure. “This unprecedented litigation concerns billions of dollars, over 3,800 separate lawsuits, and an even larger number of individual plaintiffs,” their June 4 motion said. They filed for the injunction April 23 after the government refused to stipulate that the plaintiffs will be entitled to refunds of liquidated entries if they win the litigation and the court declares the tariffs unlawful. The government opposes the injunction and stands by its refusal of the stipulation due to the “uncertainty” of the case law on refund relief, it said May 14 (see 2105170007).

The Commerce Department should have used the highest margin for the sole mandatory respondent in an antidumping case since the agency decided to rely on adverse facts available in the investigation, domestic silicon metal producers Globe Specialty Metals and Mississippi Silicon said in a June 7 complaint in the Court of International Trade. The two producers also challenged Commerce's decision to disregard that rate based on a financial statement from a firm "whose financial results were dominated by operations unrelated to the production of silicon metal" (Globe Specialty Metals, Inc. and Mississippi Silicon LLC v. United States, CIT #21-00231).

The Court of International Trade issued a confidential opinion in an antidumping case on welded line pipe from South Korea sustaining the Commerce Department's remand results in part and remanding in part, according to a June 7 filing. According to a letter filed by Judge Claire Kelly, the public version of the decision is expected either on or shortly after June 15 once all parties review bracketed information to determine its level of confidentiality. The case, originally filed by Husteel Co., concerns, among other things, Commerce's finding of a particular market situation in Korea for welded line pipe, the agency's reliance, or lack thereof, on a mandatory respondent's third country sales to calculate normal value and Commerce's reclassification of a respondent's reported losses associated with suspended production as general and administrative expenses.

The Department of Justice requested in a June 3 filing that the Court of International Trade clarify what the correct standard of review is for the court's remand of a trade adjustment assistance case (see 2105040032). The clarification request comes after a May 4 CIT remand that found that the Labor Department failed to discuss or even reference the evidence of why trade adjustment assistance was necessary in its determination (Communications Workers of America Local 4123, on behalf of Former Employees of AT&T Services, Inc. v. United States Secretary of Labor, CIT #20-00075).

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

The Commerce Department complied with the Court of International Trade's remand instructions by switching from an application of adverse facts available to neutral facts available in an antidumping case on frozen warmwater shrimp from India, defendant-intervenor Ad Hoc Shrimp Trade Action Committee said in June 3 comments on the remand results. CIT issued the remand instructions (see 2102030006) after finding that Commerce failed to "provide adequate assistance" to Elque Group, a respondent in the case and small company that was found to have provided adequate notice to Commerce that it needed assistance (Calcutta Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd., and Elque & Co. v. United States, CIT #19-00201). Commerce applied AFA originally since Elque Group's cost data was deemed unreliable by the agency.

The Court of International Trade dismissed a case from Imperia Trading involving the first sale treatment of the company's imports from China, based on a joint stipulation filed by Imperia and the Justice Department, according to a June 4 order from Chief Judge Mark Barnett. Prior to the dismissal, Barnett had denied Imperia's motion to stay proceedings until a related opinion came from the U.S. Court of Appeals for the Federal Circuit on the status of first sale valuation for imports from a non-market economy (see 2106030046) (Imperia Trading, Inc. v. United States, CIT #15-00142).