The Korean government filed a brief in defense of a South Korean steel exporter and plaintiff July 12, adding its own opinion directly to a case discussing the long-standing controversy surrounding the Commerce Department’s finding of de jure specificity in the Korean steel industry’s use of Korea’s cap-and-trade emissions program (see 2406200062) (POSCO v. U.S., CIT # 24-00006).
On appeal, the U.S. and a petitioner each defended the Court of International Trade’s acceptance of its thrice-remanded (see 2401190037) countervailing duty calculation for Russian phosphate fertilizer exporters (The Mosaic Company v. U.S., Fed. Cir. # 21-00117, -20, -21).
Because no party now opposes the results of a remanded scope ruling on engines with horizontal crankshafts from China, the government asked the Court of International Trade on July 18 to sustain the ruling (Zhejiang Amerisun Technology Co. v. U.S., CIT # 23-00011).
The following lawsuit was recently filed at the Court of International Trade:
Mandatory antidumping duty respondent Linyi Chengen Import and Export Co., along with 25 plywood exporters, urged the U.S. Court of Appeals for the Federal Circuit to uphold the Court of International Trade's decision giving Chengen and the separate rate respondents a zero percent dumping margin in the AD investigation on hardwood plywood from China (Linyi Chengen Import and Export Co. v. U.S., Fed. Cir. # 24-1258).
The Court of International Trade in a confidential decision July 17 sustained in part and remanded in part the Commerce Department's final determination in the antidumping duty investigation on preserved mushrooms from the Netherlands. Judge M. Miller Baker said he will make the decision public on July 25. U.S. mushroom producer Giorgio Foods contested Commerce's pick of Germany as the third-country comparison market and its decision not to use adverse facts available against respondent Prochamp (see 2307240018) (Giorgio Foods v. U.S., CIT # 23-00133).
In a heavily redacted public brief, a mattress petitioner pushed back on several complex conclusions reached by the Commerce Department on remand regarding an antidumping duty order review on mattresses from Indonesia (PT. Zinus Global Indonesia v. U.S., CIT # 21-00277).
The Commerce Department improperly decided that it can use Romania as the primary surrogate in the 2021-22 antidumping duty review on chlorinated isocyanurates from China after Romania wasn't submitted as a potential surrogate prior to the surrogate country comment deadline, exporters Heze Huayi Chemical Co. and Juancheng Kangtai Chemical Co. argued (Bio-Lab v. United States, CIT Consol. # 24-00024).
An importer arguing that its Chinese-origin garlic that is boiled, then frozen shouldn’t be subject to antidumping duties on fresh garlic from China filed a motion for judgment in the Court of International Trade on July 15 (Export Packers Company Limited v. U.S., CIT # 24-00061).
The Court of International Trade in a confidential July 15 order denied customs broker Seko Customs Brokerage's application for a temporary restraining order and preliminary injunction against CBP's temporary suspension of the company from the Entry Type 86 pilot and the Customs-Trade Partnership Against Terrorism program. Judge Claire Kelly said she intends to issue a public version of the opinion "on or shortly after" July 23, giving the litigants until July 22 to review the confidential information in the decision (Seko Customs Brokerage v. U.S., CIT # 24-00097).