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#Rulings & Decisions

2 items today
TodayOct 28Wed
  1. Federal Register · USITC

    USITC to review in part final initial determination finding Section 337 violation on polyvinylidene fluoride resins

    The U.S. International Trade Commission gives notice that it will review in part a final initial determination finding a violation of Section 337 in the matter of certain polyvinylidene fluoride resins, and requests written submissions on the issues under review and on remedy, the public interest and bonding. The notice does not state which issues are under review, the parties involved, the products or HTS codes at issue, or the deadlines for submissions.

  2. Federal Register · USITC

    USITC declines to review initial determination granting motion to amend complaint in adjustable child carriers investigation

    The U.S. International Trade Commission gave notice that it will not review an initial determination granting the complainant's motion for leave to amend the complaint and the notice of institution of investigation in Certain Adjustable Child Carriers and Components Thereof. The notice does not state the amended scope, the products or the respondents affected.

Oct 27Tue
  1. CIT · Slip Opinions

    CIT dismisses pro se trade-agreement complaint for lack of subject matter jurisdiction

    The U.S. Court of International Trade dismissed Raj K. Patel's complaint for lack of subject matter jurisdiction in Slip Op. 26-132, Court No. 26-04703, and denied his motion to compel acceptance of the complaint as moot. Patel sought declaratory and equitable relief and $380 million in damages, alleging the United States violated trade agreements including GATT 1995, the USMCA and the U.S.-China Economic and Trade Agreement by preventing access to certain medical technologies. Judge Jane A. Restani held that the trade agreements he invoked are not a law falling under the court's residual jurisdiction under 28 U.S.C. § 1581(i), and the court found no other provision conferring jurisdiction.

  2. CIT · Slip Opinions

    CIT sustains Commerce's second remand redetermination in CVD review of cut-to-length plate from Korea

    The U.S. Court of International Trade sustained Commerce's second remand redetermination in the countervailing duty order review of certain carbon and alloy steel cut-to-length plate from the Republic of Korea for the period January 1, 2021 to December 31, 2021, in Slip Op. 26-131, Court No. 24-00006, dated October 27, 2026. On remand, Commerce found Korea's allocation of additional Korea Allowance Units de facto specific under 19 U.S.C. § 1677(5A)(D)(iii)(1), comparing the 494 companies that received additional KAUs with the 906,325 companies within the Government of Korea's jurisdiction.

Oct 20Tue
  1. CIT · Slip Opinions

    CIT sustains in part and remands in part Commerce's CVD remand results on multilayered wood flooring from China

    The U.S. Court of International Trade, in Slip Op. 26-129 in Court No. 23-00136, sustained in part and remanded in part Commerce's remand redetermination in the tenth administrative review of the countervailing duty order on multilayered wood flooring from China, for the period of review January 1 through December 31, 2020. Plaintiffs Baroque Timber Industries (Zhongshan) Co., Ltd. and Riverside Plywood Corporation challenged Commerce's inclusion of non-grade-specific UN Comtrade data in the tier two plywood benchmark and its use of adverse facts available to find certain input suppliers to be government authorities. The court sustained in part and remanded in part the Remand Results.

  2. CIT · Slip Opinions

    CIT reverses its earlier rulings and upholds Commerce's countervailable benefit findings in KG Dongbu Steel case

    The U.S. Court of International Trade, in Slip Op. 26-130 in Court No. 22-00047, reversed its conclusions in KG Dongbu I, KG Dongbu II and KG Dongbu III to conform to the Federal Circuit's opinion in KG Dongbu IV, 181 F.4th 1335 (Fed. Cir. 2026), and held that Commerce's reconsideration of the first three equity infusions, its determination of a countervailable benefit and its finding that the benefit passed through on KG Consortium's acquisition were supported by substantial evidence and not contrary to law.

Oct 19Mon
  1. CIT · Slip Opinions

    CIT sustains Commerce remand redetermination of Galvasid dumping margin without adverse facts available

    The U.S. Court of International Trade sustained Commerce's remand redetermination in Galvasid S.A. de C.V. v. United States, Court No. 25-00235, in which Commerce found that applying facts otherwise available or an adverse inference was not warranted based on Galvasid's purported failure to report separate freight or insurance revenue in the U.S. market. Judge Jane A. Restani entered the judgment in Slip Op. 26-128 on October 19, 2026, noting that no party submitted comments on the remand results. The judgment does not state the resulting dumping margin or any change to cash deposit rates.

  2. CIT · Slip Opinions

    CIT partially dismisses Voith US classification action for lack of jurisdiction over 30 protests

    The U.S. Court of International Trade held in Slip Op. 26-127, Court No. 24-00029, that it lacks subject matter jurisdiction over 30 of the 36 protests Voith US Inc. listed on its summons because those protests were still pending before CBP when the action commenced, and it dismissed the claims as to two further protests, 550124107102 and 550124107103, that appeared in the complaint but not on the summons. The partial dismissal confines the action to six protests (160123106680, 151223100887, 151223100888, 040123103090, 140123107549 and 240223100665) and their underlying entries of QualiFlex press sleeves from Germany made in 2021 and 2022.

Oct 15Thu
  1. Federal Register · USITC

    USITC declines to review initial determination amending complaint in semiconductor devices investigation

    The USITC gave notice that it will not review an initial determination amending the complaint and notice of investigation in Certain Semiconductor Devices, Products Containing Same, and Components Thereof. The notice does not state the products, HTS codes, parties or investigation number covered by the amendment, or any effective date.

Oct 14Wed
  1. Federal Register · USITC

    USITC declines to review default finding against sole respondent in protein-study devices investigation

    The USITC gave notice that it will not review an initial determination finding the sole respondent in its investigation into certain systems, devices, software, compositions, chemicals and laboratory supplies for studying proteins in default, and it requests written submissions on remedy, the public interest and bonding. The notice does not name the respondent or state a remedy, and the material does not give an investigation number or a deadline for submissions.

  2. CIT · Slip Opinions

    CIT sustains Commerce redetermination in countervailing duty review of wind towers from Malaysia

    The U.S. Court of International Trade sustained the Department of Commerce's remand redetermination in the administrative review of the countervailing duty order on utility-scale wind towers from Malaysia, in Court No. 24-00079, Slip Op. 26-126, dated October 14, 2026. Commerce kept its use of the Ellis report rental data to assess whether CS Wind Malaysia's government property lease was for adequate remuneration, and continued to deny the company's requested entered-value adjustment because two of four examined transactions lacked Customs Form 7501 or other customs documentation and the other two invoices did not match the entered values on the Forms 7501. Commerce made no change to CS Wind's subsidy rate.

Oct 13Tue
  2. CIT · Slip Opinions

    CIT denies GameChange Solar challenge to scope ruling on off-grid solar charging modules from China

    The U.S. Court of International Trade denied GameChange Solar Corp.'s motion for judgment on the agency record in Court No. 24-00174, upholding Commerce's final scope ruling that the company's off-grid solar charging module is within the scope of the 2012 antidumping and countervailing duty orders on crystalline silicon photovoltaic cells from China. In Slip Op. 26-125, Judge Timothy C. Stanceu found the plain scope language dispositive and rejected GameChange's arguments that Commerce failed to identify specific scope language and that the consumer good and off-grid CSPV panel exclusions applied.

Oct 10Sat
  1. CIT · Slip Opinions

    CIT sustains in part and remands in part Commerce's remand redetermination in ninth CVD review of multilayered wood flooring from China

    The U.S. Court of International Trade, in Slip Op. 26-124, sustained in part and remanded in part Commerce's remand redetermination in the ninth administrative review of the countervailing duty order on multilayered wood flooring from China for the January 1 through December 31, 2019 period of review. The court reviewed Commerce's use of UN Comtrade and ITTO Peru data in the face and backboard veneer benchmarks and the plywood benchmark, and its use of adverse facts available to find certain of Baroque's input suppliers to be government authorities. The opinion is dated October 9, 2026, in Consol. Court No. 22-00210 before Judge Timothy M. Reif.

  2. Federal Register · USITC

    USITC declines to review termination of DRAM devices investigation based on settlement

    The USITC gave notice that it will not review an initial determination terminating the investigation into certain dynamic random access memory (DRAM) devices, products containing the same, and components thereof based on settlement, and the investigation is terminated. The notice does not state the terms of the settlement or the parties involved.

  3. Federal Register · USITC

    Federal Circuit vacates USITC final determination in hydrodermabrasion systems investigation

    The U.S. Court of Appeals for the Federal Circuit vacated the U.S. International Trade Commission's final determination in the investigation of certain hydrodermabrasion systems and components thereof, and the investigation is moot because of patent expiration. The notice as published does not set out the products, HTS codes, parties or dates beyond the Federal Circuit's action.

  4. Supply Chain Dive

    CIT certifies importer class in IEEPA tariff refund suit

    The U.S. Court of International Trade certified a class of importers who paid tariffs imposed under the International Emergency Economic Powers Act between Feb. 1, 2025, and Feb. 19, 2026, excluding those who filed separate lawsuits, in a slip order issued Thursday. The court set an Oct. 22 deadline for proposed scheduling of additional filings and a closed conference for Oct. 13, and said certification is intended to lead to liquidation or reliquidation of entries and refunds to importers of record.

Oct 8Thu
  1. CIT · Slip Opinions

    CIT certifies importer class in IEEPA tariff refund case against CBP

    The U.S. Court of International Trade granted Freestyle World, Inc.'s motion for class certification and appointment of class counsel in Freestyle World, Inc. v. United States, Court No. 26-01088, Slip Op. 26-123, certifying an injunctive class under USCIT Rule 23(b)(2) of all importers of record who paid duties under the challenged tariff orders between February 1, 2025 and February 19, 2026, excluding entities that filed separate actions to recover IEEPA duties.

  2. CIT · Slip Opinions

    CIT remands Commerce redeterminations on freight rail couplers from China

    The U.S. Court of International Trade remanded Commerce's antidumping and countervailing redeterminations in the investigations of freight rail couplers from China, Court No. 23-00160 and Court No. 23-00161, in Slip Op. 26-122 dated October 8, 2026. The court found Commerce again failed to adequately explain its decision not to exclude attached freight rail couplers from the scope and did not reasonably address Wabtec's argument that attached couplers cannot cause cognizable injury. Commerce had continued to find on remand that attached couplers were properly included in the scope of the orders.

Oct 7Wed
  1. Federal Register · USITC

    USITC declines to review initial determination amending electric aircraft power systems investigation

    The USITC gave notice that it will not review an initial determination granting the complainant's motion to amend the notice of institution of investigation in Certain Electric Aircraft, Power Systems for Electric Aircraft, and Components Thereof. The notice does not state the amended scope, the products or HTS codes affected, or any effective date.

  2. CIT · Slip Opinions

    CIT remands Commerce scope ruling on Chinese chassis subassemblies in Pitts Enterprises

    The U.S. Court of International Trade, in Slip Op. 26-121, Court No. 24-00030, remanded Commerce's Final Results of Redetermination finding that unfinished landing gear and running gear subassemblies are within the scope of the antidumping and countervailing duty orders on certain chassis and subassemblies from the People's Republic of China (86 Fed. Reg. 24,844 and 86 Fed. Reg. 36,093).

Oct 5Mon
  1. CIT · Slip Opinions

    CIT denies Commerce extension, orders exclusion of Jiangyang Wood and Dehua TB from hardwood plywood AD order

    The U.S. Court of International Trade, in Slip Op. 26-120 in Consol. Court No. 18-00002, denied the government's motion for an extension of time for Commerce to file remand results and ordered Commerce to exclude Xuzhou Jiangyang Wood Industries Co., Ltd. and Zhejiang Dehua TB Import & Export Co., Ltd. from the Antidumping Duty Order on Hardwood Plywood from China, imposing no antidumping duty margins on them. The court held that the Federal Circuit's decision in Linyi II, 174 F.4th 1351 (Fed. Cir. 2026), made the exclusion final, so Commerce may not reopen the record to calculate individual rates.

  2. pv magazine (Global)

    First Solar sues JA Solar and American Panel Solutions over TOPCon patents

    First Solar, Inc. filed a patent infringement lawsuit in the U.S. District Court for the District of Delaware against JA Solar Technology Co., Ltd., four of its affiliates and U.S.-based distributor American Panel Solutions, LLC (AMPS), alleging infringement of U.S. Patent No. 9,130,074, which covers manufacturing methods for tunnel oxide passivated contact (TOPCon) crystalline silicon solar cells. First Solar seeks monetary damages and permanent injunctive relief to halt the import, assembly and sale of the disputed TOPCon modules in the U.S. The filing follows First Solar's withdrawal of its Section 337 complaint at the USITC; neither JA Solar nor representatives for Corning and AMPS immediately responded.

  3. Solar Power World

    First Solar files TOPCon patent infringement lawsuit against JA Solar and American Panel Solutions

    First Solar filed a lawsuit in U.S. district court against JA Solar and American Panel Solutions alleging infringement of U.S. Patent No. 9,130,074, which covers methods of manufacturing TOPCon silicon solar cells. First Solar said it is also pursuing TOPCon patent lawsuits against Canadian Solar, Jinko Solar, T1 Energy and Trina Solar, and it voluntarily terminated a Section 337 investigation at the International Trade Commission last month in favor of patent infringement lawsuits.

Oct 1Thu
  1. Federal Register · USITC

    USITC finds Section 337 violation on storage containers and toolboxes, issues exclusion and cease and desist orders

    The U.S. International Trade Commission determined to find a violation of section 337 of the Tariff Act of 1930 with respect to U.S. Patent Nos. 11,365,026 and 11,794,952 covering certain storage containers and toolboxes, organizers, component boxes and coolers, and set the remedy as a limited exclusion order and a cease and desist order on those patents. The Commission set a bond of 18% of entered value for covered articles imported or sold during the period of Presidential review. It has not reached a final determination on U.S. Patent No. 11,952,167, and extended the target date for completion of the investigation to November 2, 2026.

Sep 28Mon
  1. Federal Register · USITC

    USITC finds Section 337 violation on ink cartridges, issues general exclusion order

    The U.S. International Trade Commission affirmed, with supplemental findings and modified reasoning, an initial determination (Order No. 16) finding a violation of Section 337, and issued a general exclusion order barring importation of certain ink cartridges and components thereof that infringe claims of U.S. Patent Nos. 8,540,347, 9,061,508, 11,535,037, 11,820,150 and 12,246,539. The Commission also issued cease and desist orders against respondents Mountain Peak, Inc. and Straightouttaink, LP, and terminated the investigation.

Sep 23Wed
  1. Federal Register · USITC

    USITC reviews in part ALJ finding of Section 337 violation in glass substrates for LCDs

    The U.S. International Trade Commission has determined to review in part a final initial determination issued by the presiding administrative law judge on July 23, 2026, which found a violation of section 337 in the investigation into certain glass substrates for liquid crystal displays, products containing the same, and methods for manufacturing the same. The Commission requests written submissions from the parties on the issues under review and from the parties, interested government agencies and other interested persons on remedy, the public interest and bonding, under the schedule set out in the notice.

  2. Federal Register · USITC

    USITC reviews in part ALJ finding of Section 337 violation in flash-spun nonwoven materials case

    The U.S. International Trade Commission has determined to review in part a final initial determination by the presiding administrative law judge finding a violation of section 337 of the Tariff Act of 1930, as amended, in the investigation of certain flash-spun nonwoven materials and products containing same. The Commission requests written submissions from the parties, interested government agencies and other interested persons on remedy, the public interest and bonding, under the schedule set out in the notice. The notice does not state the products, companies or countries covered, the remedy under consideration, or the submission deadlines.

  3. Federal Register · USITC

    USITC finds Section 337 violation on boiler protection for absorption refrigeration systems, issues general exclusion order

    The U.S. International Trade Commission found a violation of section 337 of the Tariff Act of 1930 in its final determination on certain boiler protection for absorption refrigeration systems and components thereof, and issued a general exclusion order prohibiting importation of goods that infringe claims 1, 4, 6, and 10 of U.S. Patent No. 8,056,360. The Commission also issued cease and desist orders against the defaulting respondents and terminated the investigation.

  4. CIT · Slip Opinions

    CIT sustains Commerce remand results in AD/CVD reviews of wood mouldings and millwork from China

    The U.S. Court of International Trade sustained Commerce's final results of redetermination on remand in the countervailing and antidumping duty administrative reviews of wood mouldings and millwork products from China, in China Cornici Co. v. United States, Slip Op. 26-118, Court Nos. 23-00216 and 23-00217, decided September 23, 2026. On remand Commerce declined to rescind the reviews and assigned China Cornici and RaoPing the 8.89% countervailing duty rate for non-examined companies for the 2021 period of review, and assigned China Cornici the China-wide antidumping duty rate of 220.87% while allowing Chen Chiu to claim RaoPing's 0.00% separate cash deposit rate for future shipments.

  5. CIT · Slip Opinions

    CIT sustains Commerce's first administrative review of the antidumping order on mobile access equipment from China

    The U.S. Court of International Trade sustains Commerce's determination in the first administrative review of the antidumping duty order on mobile access equipment from China, in Slip Op. 26-119, Court No. 24-00219 and Court No. 24-00221. The court found Commerce's determination supported by substantial evidence and otherwise in accordance with law, rejecting Dingli's challenge to the selection of Turkey as the primary surrogate country and the Coalition's challenge to the use of Bulgaria as a secondary surrogate country.

  6. CIT · Slip Opinions

    CIT sustains Commerce scope ruling that IPG heat sinks fall within aluminum extrusions orders

    The U.S. Court of International Trade, in Slip Op. 26-117, Court No. 25-00212, denied IPG Photonics Corporation's motion for judgment on the agency record and sustained Commerce's final scope ruling that IPG's four heat sink models do not meet the finished heat sink exclusion and are covered by the antidumping and countervailing duty orders on aluminum extrusions from China, Case Nos. A-570-967 and C-570-968. The court held that Commerce's interpretation of the exclusion and its consideration of IPG's evidence were supported by substantial evidence and in accordance with law. The opinion is dated September 23, 2026.

  7. USITC · News Releases

    USITC institutes Section 337 investigation of certain DRAM devices (337-TA-1523)

    The USITC voted to institute a Section 337 investigation, Inv. No. 337-TA-1523, into certain dynamic random access memory (DRAM) devices, products containing the same, and components thereof (III), based on a complaint filed on behalf of Netlist, Inc. of Irvine, California, on August 11, 2026, supplemented on August 25, 2026. The complaint alleges violations of section 337 in the importation into the United States and sale of the accused products that infringe certain claims of the asserted patents, and the complainant requests a limited exclusion order and cease and desist orders.

Sep 18Fri
  1. CIT · Slip Opinions

    CIT grants in part default judgment against Koehler in $193.6 million antidumping duty suit

    The U.S. Court of International Trade entered default judgment against Koehler Oberkirch GmbH and Koehler Paper SE in Court No. 24-00014 for unpaid antidumping duties on lightweight thermal paper from Germany, after the defendants failed to answer interrogatories and refused to participate in discovery under USCIT Rule 37(d). The court declined the Government's request for an injunction barring the defendants from importing into the United States, holding that the relief was not demanded in the complaint and would violate USCIT Rule 54(c). The opinion, Slip Op. 26-116, is dated September 18, 2026.

Sep 17Thu
  1. Federal Register · USITC

    USITC declines to review ALJ order terminating wireless communication devices investigation

    The U.S. International Trade Commission determined not to review an initial determination, Order No. 32, in which the presiding administrative law judge granted an unopposed motion to terminate certain respondents from the investigation of certain wireless communication devices and components thereof based on settlement, and terminated the investigation. The investigation is terminated.

Sep 16Wed
  1. CIT · Slip Opinions

    CIT denies preliminary injunction against CBP deactivation of customs broker's entry filer code

    The U.S. Court of International Trade denied Forrest Xu's motion for a preliminary injunction in Slip Op. 26-115, Court No. 26-03403, leaving in place CBP's deactivation of his entry filer code, which prevents him from filing entries electronically through ABI and by paper under that code. Judge Lisa W. Wang found Xu was not likely to succeed on the merits of his due process claim. CBP's June 1, 2026 letter told Xu he could seek reinstatement of the entry filer code after a minimum of 180 calendar days from the date of that letter.

Sep 15Tue
  1. CIT · Slip Opinions

    CIT sustains Commerce remand results in Ditar, S.A. v. United States paper bag antidumping case

    The U.S. Court of International Trade sustained the Department of Commerce's remand results in Ditar, S.A. v. United States, Slip Op. 26-114, Court No. 24-00130, an antidumping duty investigation of paper bags from Colombia. The court held that substantial evidence supported Commerce's finding that Ditar failed to establish that its home-market sales to distributors and end users were made at different levels of trade, because its warehousing and repacking expenses were reported as indirect selling expenses and could not corroborate the claimed intensity differences.

  2. CIT · Slip Opinions

    CIT sustains Commerce's fourth remand redetermination in welded line pipe investigation on Korea

    The U.S. Court of International Trade sustained Commerce's fourth remand redetermination in the 2015 less-than-fair-value investigation of welded line pipe from the Republic of Korea, in Stupp Corp. v. United States, Slip Op. 26-113, Consol. Court No. 15-00334, dated September 15, 2026. On remand Commerce replaced the Cohen's d test with a two-percent price difference test to determine whether prices differ significantly, and abandoned its mixed methodology in applying its ratio test. The court held the price difference test reasonable and found Commerce acted within the scope of remand.

Sep 14Mon
  1. CIT · Slip Opinions

    CIT sustains in part and remands in part Commerce's 2022-23 AD review of glycine from India

    The U.S. Court of International Trade, in Slip Op. 26-112, Court No. 25-00081, sustained in part and remanded in part Commerce's final determination in the 2022-23 administrative review of the antidumping duty order on glycine from India, covering June 1, 2022, to May 31, 2023. The case was brought by Kumar Industries and Bajaj Healthcare Limited; Deer Park Glycine, LLC was defendant-intervenor. Commerce had applied facts otherwise available with an adverse inference to Kumar and assigned Bajaj, a non-selected respondent, the simple average of Kumar's and Avid Organics' dumping margins.

  2. CIT · Slip Opinions

    CIT sustains ITC remand results in freight rail couplers injury case

    The U.S. Court of International Trade sustained the U.S. International Trade Commission's remand results in Wabtec Corp. v. United States, Consol. Court No. 23-00157, Slip Op. 26-110, upholding the Commission's determinations that appropriate circumstances do not exist to exclude Amsted from the domestic industry and that the domestic industry was materially injured by reason of freight rail couplers from China sold at less than fair value and subsidized by the government of China. The court rejected plaintiffs Wabtec and Strato's challenges to Commissioner Kearns's further analysis and to the affirmative material-injury determination.