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3 items today
Jun 29Mon
  1. CIT · Slip Opinions

    CIT sustains in part and remands in part Commerce's second remand redetermination in fluid end blocks review

    The U.S. Court of International Trade sustained in part and remanded in part Commerce's second remand redetermination in the less-than-fair-value investigation of forged steel fluid end blocks from Germany, in Ellwood City Forge Co. v. United States, Slip Op. 26-69, Consol. Court No. 21-0007. BGH Edelstahl Siegen GmbH asked the court to reject Commerce's particular market situation adjustments for subsidized electricity rates and imported ferrochrome inputs, and Ellwood asked the court to reject Commerce's construction of 19 U.S.C. § 1677b(f)(1)(A) and to remand for reconsideration of that pathway. The court sustained in part and remanded in part the second remand redetermination.

Jun 23Tue
  1. CIT · Slip Opinions

    CIT remands Commerce's final determination in ferrosilicon from Kazakhstan AD investigation

    The U.S. Court of International Trade remanded Commerce's final determination in the 2023 antidumping investigation of ferrosilicon from Kazakhstan, Slip Op. 26-68, Court No. 25-00100, dated June 23, 2026. The court addressed YDD Corporation's challenges to Commerce's inclusion of sales destined for Canada in its dumping margin calculation, its application of partial adverse facts available, its use of zeroing, and its AFA-based margin calculation, and TNC Kazchrome's challenge to Commerce's selection of the shipment date as the date of sale. The opinion does not state the remand results or any revised rates.

  2. CIT · Slip Opinions

    CIT sustains Commerce remand redetermination in AD review of steel racks from China

    The U.S. Court of International Trade sustained Commerce's remand redetermination in the antidumping duty administrative review of certain steel racks from China for the September 1, 2021 through August 31, 2022 period of review, in Nanjing Dongsheng Shelf Manufacturing Co. v. United States, Slip Op. 26-67, Court No. 24-00085. On remand Commerce accepted Nanjing Dongsheng's Separate Rate Certification, treated the company as a mandatory respondent and assigned it a 25% weighted-average dumping margin. The court held that Nanjing waived its challenge to Commerce's denial of a scrap offset because it failed to exhaust its administrative remedies by not raising the issue during the remand proceeding.

Jun 17Wed
  1. CIT · Slip Opinions

    CIT sustains Commerce's third remand results in AD case on common alloy aluminum sheet from Turkey

    The U.S. Court of International Trade sustained Commerce's Third Remand Results in the antidumping duty proceeding on common alloy aluminum sheet from Turkey, Consol. Court No. 21-00246, Slip Op. 26-65. The court held that Commerce properly removed Assan Aluminyum Sanayi ve Ticaret A.S.'s untimely supplemental information from the record, that the record lacked sufficient information to calculate a duty drawback adjustment, and that Commerce's cancellation of verification was not an abuse of discretion. The dispute concerns the application of a duty drawback adjustment under Turkey's Inward Processing Regime.

  2. CIT · Slip Opinions

    CIT remands Commerce's negative dumping determination on melamine from Qatar over Turkey proxy selection

    The U.S. Court of International Trade, in Slip Op. 26-64, Court No. 25-00005, sustained in part and remanded in part Commerce's negative dumping determination on melamine from Qatar, holding that the agency failed to adequately explain its selection of Turkey as the third-country proxy for normal value. The court sustained Commerce's refusal to adjust the cost of natural gas inputs from affiliated supplier QAFCO, because the transactions were above the Qatari-market price. The case is Cornerstone Chemical Company v. United States, with Qatar Melamine Company and QatarEnergy Marketing as defendant-intervenors; the opinion is dated June 17, 2026. The remand is for reconsideration of the Turkey proxy selection.

  3. CIT · Slip Opinions

    CIT grants default judgment against Franco Tire Distribution in Section 1592 penalty case

    The U.S. Court of International Trade granted the government's motion for default judgment against Franco Tire Distribution, Inc., a U.S. importer, in a civil penalty case under 19 U.S.C. § 1592, entering judgment of $55,882.98 plus interest in Slip Op. 26-66, Court No. 24-00161, dated June 17, 2026. The government alleged that Franco negligently omitted the antidumping case number A-570-040-000 and countervailing case number C-570-041-000 from entry summaries for two entries of truck and bus tires from China, and failed to pay estimated AD/CVD duties at importation. Franco later corrected the summaries and paid $27,941.49 in duties but did not pay the penalty of two times that amount.

Jun 16Tue
  1. CIT · Slip Opinions

    CIT sustains Commerce's denial of double remedies adjustment in aluminum foil review from China

    The U.S. Court of International Trade sustained Commerce's remand redetermination denying Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd. and affiliated plaintiffs a double remedies adjustment under 19 U.S.C. § 1677f-1(f)(1) in the 2021–2022 administrative review of the antidumping duty order on aluminum foil from China. In Slip Op. 26-63, Court No. 23-00264, Judge Claire R. Kelly held that Commerce's finding that Dingsheng provided insufficient evidence of a subsidy-to-cost link and a cost-to-price link is supported by substantial evidence, and that 19 U.S.C. § 1677m(d) did not require Commerce to give notice of deficiencies in the Double Remedies Questionnaire Response.

Jun 15Mon
  1. CIT · Slip Opinions

    CIT sustains Commerce's second remand redetermination in wind towers AD case against Marmen

    The U.S. Court of International Trade sustained Commerce's Second Remand Redetermination in the antidumping duty investigation on utility scale wind towers from Canada, in Marmen Inc. v. United States, Slip Op. 26-62, Consol. Court No. 20-00169, issued June 15, 2026. The remand followed the Federal Circuit's decision in Marmen III, 134 F.4th 1334 (Fed. Cir. 2025), which vacated Commerce's use of the Cohen's d test and required it to accept Marmen's price reconciliation information.

Jun 12Fri
  1. CIT · Slip Opinions

    CIT sustains Commerce's amended final results in seventh AD review of passenger vehicle and light truck tires from China

    The U.S. Court of International Trade denied Giti Tire Global Trading Pte. Ltd. and affiliates Giti Radial Tire (Anhui) Company Ltd. and Giti Tire (Fujian) Company Ltd.'s motion for judgment on the agency record and sustained Commerce's amended final results in the seventh administrative review of the antidumping duty order on certain passenger vehicle and light truck tires from China, covering August 1, 2021 through July 31, 2022 (Slip Op. 26-61, Court No. 24-00083, dated June 12, 2026).

Jun 11Thu
  1. CIT · Slip Opinions

    CIT remands Commerce's final determination and AD order on paper plates from China

    The U.S. Court of International Trade remanded Commerce's final determination and antidumping duty order in the 2024 investigation of paper plates from China, in Fuzhou Hengli Paper Co. v. United States, Slip Op. 26-59, Court No. 25-00064, dated June 11, 2026. The court held that Commerce's application of total adverse facts available, which produced a 515.40% dumping margin for Fuzhou, was not supported by substantial evidence or otherwise in accordance with law. The case concerns the Final Determination published at 90 Fed. Reg. 8,271 (Jan. 28, 2025), covering certain paper plates from China, Thailand and Vietnam.

Jun 9Tue
  1. CIT · Slip Opinions

    CIT denies summary judgment to LANXESS on classification of Axion CA 1330 catalyst mixture

    The U.S. Court of International Trade, in Slip Op. 26-58, Court No. 23-00073, denied LANXESS Corporation's motion for summary judgment and granted in part and denied in part the government's cross-motion on the classification of Axion CA 1330, a liquid mixture of toluene, methylaluminoxane and trimethylaluminum. The court weighed HTSUS subheading 3208.90.00 as a paint or varnish at 3.2% ad valorem, subheading 3815.19.00 as a supported catalyst at 0% (LANXESS's position), and subheading 3824.99.28 as a preparation of the chemical or allied industries at 6.5% (the government's position).

Jun 8Mon
  1. CIT · Slip Opinions

    CIT sustains in part and remands in part USITC brass rod injury determinations on Israel

    The U.S. Court of International Trade, in Slip Op. 26-57, Court No. 24-00197, sustained in part and remanded in part the U.S. International Trade Commission's final affirmative material injury determinations in the antidumping and countervailing duty investigations of brass rod from Israel, Inv. Nos. 701-TA-687 and 731-TA-1614. The Government of Israel, Ministry of Economy and Industry challenged the Commission's treatment of out-of-period information, its volume, pricing, negative-impact and non-attribution analyses. Judge Lisa W. Wang granted the motion for judgment on the agency record in part and denied it in part.

May 26Tue
  1. CIT · Slip Opinions

    CIT denies government motion to dismiss ICON EV's EAPA due process challenge

    The U.S. Court of International Trade held in Slip Op. 26-55, issued May 26, 2026, that it has subject matter jurisdiction under 28 U.S.C. § 1581(i) over ICON EV LLC's Fifth Amendment due process challenge to interim measures CBP imposed under the Enforce and Protect Act, and denied the government's motion to dismiss. The case, Court No. 26-02759, concerns interim measures CBP imposed on April 6, 2026 in EAPA Cons. Case 8247, requiring an over-500% duty rate and live entry cash deposits on ICON's imports of low-speed personal transportation vehicles from China. The court had granted ICON a preliminary injunction on April 24, 2026, effective April 30, 2026.

  2. CIT · Slip Opinions

    CIT sustains Commerce anticircumvention finding on PC strand from Mexico

    The U.S. Court of International Trade, in Slip Op. 26-56, denied Deacero S.A.P.I. de C.V. and Deacero USA, Inc.'s motion for judgment on the agency record and sustained in full Commerce's final affirmative anticircumvention determination on prestressed concrete steel wire strand from Mexico, Court No. 24-00212. The inquiry, initiated July 31, 2023, covered high carbon steel wire from Mexico assembled or completed into PC strand in the United States during January 1, 2021 through June 30, 2023. The court rejected Deacero's challenges to Commerce's production comparison methodology, its minor-or-insignificant processing analysis under section 781(a)(2), and its treatment of patterns of trade.

May 22Fri
  1. CIT · Slip Opinions

    CIT sustains Commerce remand redetermination in AD review of nickel-plated steel from Japan

    The U.S. Court of International Trade sustained Commerce's final remand redetermination in the antidumping duty administrative review of diffusion-annealed, nickel-plated flat-rolled steel products from Japan for the period May 1, 2022, through April 30, 2023, in Toyo Kohan Co., Ltd. v. United States, Court No. 24-00261, Slip Op. 26-54. On remand Commerce continued to use the shipment date as the date of sale and discontinued its Cohen's d test, applying the price difference test instead; Toyo Kohan's estimated weighted-average dumping margin increased from 4.44 percent to 4.58 percent.

May 20Wed
  1. CIT · Slip Opinions

    CIT denies government motion to stay Section 122 tariff injunction pending appeal

    The U.S. Court of International Trade denied the government's motion to stay enforcement of its judgment pending appeal in Washington v. United States and Burlap and Barrel, Inc. v. United States, Slip Op. 26-53, Court Nos. 26-01472-3JP and 26-01606-3JP.

May 18Mon
  1. CIT · Slip Opinions

    CIT remands Commerce's de facto specificity finding in Hyundai Steel CVD review

    The U.S. Court of International Trade, in Slip Op. 26-52, Court No. 23-00211, remanded Commerce's second redetermination in the 2021 administrative review of the countervailing duty order on certain cut-to-length carbon-quality steel plate from the Republic of Korea, holding that Commerce's finding that the electricity subsidy Hyundai Steel received was de facto specific under 19 U.S.C. § 1677(5A)(D)(iii)(III) is unsupported by substantial evidence. Commerce had found the Electricity Program specific because Hyundai's share of industrial-class electricity consumption exceeded its contribution to Korea's 2021 GDP. The court ordered further consideration on remand.

May 15Fri
  1. CIT · Slip Opinions

    CIT remands Commerce circumvention determination on Chinese garlic chunks in Green Garden Produce

    The U.S. Court of International Trade held in Slip Op. 26-51, Court No. 24-00114, that Commerce failed to adequately explain its circumvention determination covering peeled, trimmed, blanched and individually quick-frozen garlic chunks from China, and remanded for reconsideration. The court found Commerce did not adequately address Green Garden's argument that cutting cloves into pieces is a material change, or its argument that the chunks are preserved by citric acid and therefore fall within the order's exclusion for garlic preserved by the addition of other ingredients.

May 14Thu
  1. CIT · Slip Opinions

    CIT sustains Commerce's final results in quartz surface products reviews from China

    The U.S. Court of International Trade sustained Commerce's final results in the 2021–2023 antidumping duty administrative review and the 2021–2022 countervailing duty administrative review of certain quartz surface products from China, in AM Stone & Cabinets, Inc. v. United States, Slip Op. 26-50, Court No. 24-00241, decided May 14, 2026. The reviews concerned whether exporter Universal Quartz remained eligible to certify that its quartz surface products are not produced from Chinese-origin quartz slab; Commerce found it ineligible and assigned it the China-wide AD rate and the all-others rate in the CVD review.

May 12Tue
  1. CIT · Slip Opinions

    CIT sustains second remand results assigning zero dumping margin to Fufeng and Meihua in xanthan gum review

    The U.S. Court of International Trade sustained Commerce's Second Remand Results in Consol. Court No. 23-00068, the 2020-2021 administrative review of the antidumping duty order on xanthan gum from China (88 Fed. Reg. 9861). On remand, Commerce found HTS 2701.19 to be the proper subheading for valuing Fufeng's coal factor of production and calculated a revised dumping margin of zero percent for Neimenggu Fufeng Biotechnologies Co., Shandong Fufeng Fermentation Co. and Xinjiang Fufeng Biotechnologies Co.; Meihua Group International (Hong Kong) Limited and Xinjiang Meihua Amino Acid Co., Ltd. had their separate rate recalculated to zero percent because it was based on Fufeng's weighted-average margin.

May 11Mon
  1. CIT · Slip Opinions

    CIT denies motion to backdate statutory injunction in Vietnamese honey antidumping case

    The U.S. Court of International Trade denied a motion by Bao Nguyen Honeybee Co., Ltd. and eight other Vietnamese exporters to amend the statutory injunction in Court No. 25-00085 nunc pro tunc so that it would be effective as of August 8, 2025, the date they first moved for an injunction. The court held that the Federal Circuit's Agro Dutch exception does not apply because the liquidation at issue is alleged to have occurred before the injunction was entered, not during a post-entry grace period, and the plaintiff-intervenors did not show that the parties or the court intended the injunction to cover entries liquidated before it took effect.

May 7Thu
  1. CIT · Slip Opinions

    CIT grants permanent injunction against Proclamation 11012 Section 122 import surcharge for two importers and Washington

    The U.S. Court of International Trade, in Slip Op. 26-47, granted summary judgment and entered a permanent injunction for The State of Washington, Burlap and Barrel, Inc. and Basic Fun, Inc. against duties imposed under Proclamation No. 11012, which invoked Section 122 of the Trade Act of 1974, 19 U.S.C. § 2312, to impose a temporary import surcharge of up to 15 percent ad valorem. The court dismissed without prejudice the claims of the remaining non-importer plaintiffs, including The State of Oregon and 21 other states and officials, for lack of standing, and denied as moot the plaintiffs' alternative motions for a preliminary injunction.

May 6Wed
  1. CIT · Slip Opinions

    CIT dismisses Aloha Pencil challenge to Commerce rescission of 2023–2024 cased pencils review

    The U.S. Court of International Trade granted the government's motion to dismiss for lack of subject-matter jurisdiction in Aloha Pencil Company, LLC v. United States, Slip Op. 26-46, Court No. 25-00102, an opinion and order dated May 6, 2026. Aloha Pencil had challenged Commerce's rescission of the 2023–2024 administrative review of the antidumping duty order on certain cased pencils from China, 90 Fed. Reg. 19,268 (May 7, 2025). The court found Aloha Pencil made no factual allegations in its complaint to support its claim to be a manufacturer, producer or wholesaler of the domestic like product.

  2. CIT · Slip Opinions

    CIT denies motion to extend statutory injunction to 13 already-liquidated entries in AD/CVD case

    The U.S. Court of International Trade denied Kumar Industries' and Bajaj Healthcare Limited's motion to apply the statutory injunction to all entries in the period of review in Court No. 25-00081, Slip Op. 26-45, holding that the 13 entries liquidated on August 29 and September 5, 2025, before the injunction was entered on September 26, 2025, are final. The court had granted the statutory injunction covering shipments entered during the period of review of June 1, 2022, through May 31, 2023, after plaintiffs missed the June 29, 2025 deadline.

Apr 28Tue
  1. CIT · Slip Opinions

    CIT sustains in part and remands in part Commerce's final results in FEB AD review on Italy

    The U.S. Court of International Trade, in Slip Op. 26-44 dated April 28, 2026, sustained in part and remanded in part Commerce's final results in the antidumping duty administrative review of forged steel fluid end blocks from Italy for the period July 23, 2020, through December 31, 2021, published at 88 Fed. Reg. 55,010. The court addressed Commerce's choice of constructed value SG&A expense and profit data and its valuation of a major input purchased from an affiliated supplier. The case is Ellwood City Forge Co. v. United States, Court No. 23-00191, before Judge Timothy M. Reif.

Apr 27Mon
  1. CIT · Slip Opinions

    CIT sustains in part and remands in part Commerce's remand redetermination in chlorinated isocyanurates review

    The U.S. Court of International Trade sustained in part and remanded in part Commerce's remand redetermination in the administrative review of the antidumping order on chlorinated isocyanurates from China for the period June 1, 2021, through May 31, 2022, in Bio-Lab, Inc. v. United States, Slip Op. 26-43, Consol. Court No. 24-00024. The court had found in Bio-Lab I that Commerce failed to adequately explain its determination that cyanuric acid is not a major input, its comparable-merchandise findings on calcium hypochlorite and sodium hypochlorite, and its selection of Romanian labor data as the surrogate value for labor.

Apr 24Fri
  1. CIT · Slip Opinions

    CIT grants ICON EV preliminary injunction against CBP EAPA interim measures in LSPTV evasion case

    The U.S. Court of International Trade granted ICON EV LLC a preliminary injunction and temporary restraining order on April 24, 2026, in Court No. 26-02759, enjoining CBP's interim measures imposed under the Enforce and Protect Act during its EAPA investigation, EAPA Cons. Case 8247, into alleged evasion of the antidumping and countervailing duty orders on low-speed personal transportation vehicles from China. CBP had imposed the measures on April 6, 2026, finding reasonable suspicion of evasion by misclassification and transshipment through Vietnam, including suspension and extension of liquidation and a live-entry requirement at the 519.23 percent ad valorem all-others AD/CVD cash-deposit rate.

Apr 23Thu
  1. CIT · Slip Opinions

    CIT rules in Cyber Power Systems v. United States on classification of UPS cables and Section 301 duties

    The U.S. Court of International Trade held in Slip Op. 26-41, Court No. 21-00200, that Cyber Power Systems (USA) Inc.'s eight models of cables are properly classified under subheading 8544.42.90, HTSUS, and subheading 9903.88.03, HTSUS, but that the government is not entitled to collect the additional 2.6 percent ad valorem duty that would normally be due under subheading 8544.42.90.

Apr 21Tue
  1. CIT · Slip Opinions

    CIT sustains Commerce scope ruling that Chinese-origin cabinets further processed in Malaysia remain covered by AD/CVD orders

    In Slip Op. 26-39, Court No. 24-00155, the U.S. Court of International Trade sustained Commerce's final scope determination for the antidumping and countervailing duty orders on wooden cabinets and vanities and components thereof from the People's Republic of China as applied to further processing in Malaysia, denying ACProducts, Inc. and related plaintiffs' motion for judgment on the agency record. Commerce found that Scenario 1, 2 and 3 cabinets produced in China and combined in Malaysia with Malaysian-made cabinet parts are Chinese in origin and covered by the orders, while Scenario 4 cabinets containing a Chinese toe kick and otherwise Malaysian parts are third-country in origin and not covered.

  2. CIT · Slip Opinions

    CIT sustains Commerce scope ruling on Chinese wooden cabinets further processed in Vietnam

    The U.S. Court of International Trade sustained Commerce's final scope determination covering wooden cabinets and vanities and components thereof from China, holding that cabinets produced in China and combined in Vietnam with Vietnamese-made wooden parts remain Chinese in origin and within the antidumping and countervailing duty orders. Cabinets containing a Chinese-made wooden toe kick with all other wooden parts produced in Vietnam are third-country in origin and outside the orders. Judge Leo M. Gordon issued the opinion in Court No. 24-00156, Slip Op. 26-40, dated April 21, 2026, denying the plaintiffs' motion for judgment on the agency record.