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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

CIT sustains Commerce's second remand redetermination in light-walled rectangular pipe and tube review from Mexico

The U.S. Court of International Trade sustained Commerce's Second Remand Redetermination in the 2020-2021 administrative review of the antidumping duty order on light-walled rectangular pipe and tube from Mexico, in which Commerce replaced the Cohen's d test with a new price difference test after the CAFC's decision in Marmen III. The revised analysis produced weighted-average dumping margins of 10.67% for Maquilacero S.A. de C.V. and Tecnicas de Fluidos S.A. de C.V. and 6.06% for non-selected parties such as Perfiles LM, S.A. de C.V., replacing the amended final results margins of 9.2% and 5.32%. The opinion is Slip Op. 26-111 in Consol. Court No. 23-00091, dated September 14, 2026.

CIT remands Commerce countervailing duty decision in TNC Kazchrome over adverse facts available

CIT remands Commerce's final results in steel racks antidumping review for reconsideration of differential pricing methodology

The U.S. Court of International Trade, in Slip Op. 26-108, Court No. 25-00175, remanded for reconsideration Commerce's final results in the 2022-2023 administrative review of the antidumping duty order on certain steel racks from China, 90 Fed. Reg. 30,629, which assigned Jiangsu Nova a margin of 11.18% ad valorem. The court granted Commerce's request for a voluntary remand so it can allow parties to comment on the new differential pricing methodology, including the price difference test and ratio test, that replaced the Cohen's d test after Marmen. Commerce has 90 days to submit its remand redetermination, with comments to follow under Rule 56.2(h).

CIT sustains Commerce remand results in wind towers AD review of Dongkuk S&C

The U.S. Court of International Trade sustained Commerce's remand results in the antidumping duty administrative review of utility scale wind towers from the Republic of Korea, Slip Op. 26-104, Court No. 24-00070, in an opinion by Judge Leo M. Gordon dated September 4, 2026. On remand Commerce reconsidered Dongkuk S&C Co., Ltd.'s indirect conversion costs, found its reported methodology distortive, and recalculated the weight-average dumping margin to 1.90 percent. The court sustained Commerce's use of period-of-review annual average costs over Dongkuk's reported indirect conversion costs.

CIT sustains ITC material-injury finding on subsidized shrimp from Ecuador

The U.S. Court of International Trade sustained the International Trade Commission's affirmative material-injury determination in the countervailing duty investigation of fresh warmwater shrimp and frozen warmwater shrimp from Ecuador, India and Vietnam, in Slip Op. 26-105, Court No. 25-00029, dated September 4, 2026. Ecuadorian producers Industrial Pesquera Santa Priscila, S.A. and Sociedad Nacional de Galapagos, C.A. argued that rising diesel fuel costs, not subsidized imports, caused the domestic industry's harm, and that the Commission abused its discretion by declining to request the fishermen's diesel purchase volumes. The court found no evidence of bias and held the Commission's determination supported by substantial evidence.

CIT sustains ITC material-injury finding on subsidized frozen warmwater shrimp from India

The U.S. Court of International Trade sustained the International Trade Commission's affirmative material-injury determination in the countervailing duty investigation of frozen warmwater shrimp from India, in Slip Op. 26-106, Court No. 25-00031, dated September 4, 2026. The court rejected the Seafood Exporters Association of India's challenges that the Commission wrongly defined the domestic like product to include frozen cooked shrimp alongside raw shrimp and that imports filled a supply gap the domestic industry could not serve. The investigation covered frozen warmwater shrimp, wild-caught and farmed, cooked and raw, for the period January 1, 2021, to March 31, 2024.

CIT sustains remand redetermination in Catfish Farmers of America v. United States

The U.S. Court of International Trade sustained the Final Results of Redetermination pursuant to Court Remand (Apr. 15, 2026) in Catfish Farmers of America v. United States, Slip Op. 26-103, Court No. 24-00082, finding it complies with the court's order in Catfish Farmers of Am. v. United States, 49 CIT __, 815 Fed. Supp. 3d 1339 (2025), including its statement that the allegation identified a ministerial error. No party commented in opposition, and the United States asked the court to sustain the results. The court ordered that entries affected by this action be liquidated in accordance with the final court decision in this litigation.

CIT sustains ITC material-injury finding on subsidized shrimp from Vietnam

The U.S. Court of International Trade sustained the International Trade Commission's affirmative material-injury determination in Slip Op. 26-107, Court No. 25-00032, rejecting the Shrimp Committee of the Vietnam Association of Seafood Exporters and Producers' challenge to the Commission's findings on underselling, the effects of imports and causation. The case is one of a trilogy challenging the Commission's finding that subsidized imports from Ecuador, India and Vietnam materially injured the domestic shrimp industry, with a period of investigation of January 1, 2021, to March 31, 2024. The court held the determination is supported by substantial evidence on the record.

CIT rules feed-grade chlortetracycline concentrate is classifiable as an antibiotic under 2941.30.00

In Slip Op. 26-102, Court No. 22-00056, the U.S. Court of International Trade granted Zoetis Services LLC's motion for summary judgment and denied the government's cross-motion, holding that feed-grade chlortetracycline concentrate manufactured in China by Jinhe Biotechnology Co., Ltd. is properly classified as an antibiotic under subheading 2941.30.00 rather than as an animal feed preparation under heading 2309. CBP had liquidated two Chicago entries, dated December 26, 2019 and January 22, 2020, under subheading 2309.90.10 and assessed Section 301 duties under 9903.88.03 at 25 percent ad valorem; the government argued on cross-motion for subheading 2309.90.95 at 1.4 percent.

CIT sustains USITC negative injury determination on aluminum extrusions from 14 countries

The U.S. Court of International Trade sustained in full the U.S. International Trade Commission's final negative determination in the antidumping and countervailing duty investigations of aluminum extrusions from China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates and Vietnam, in Slip Op. 26-101, Court No. 24-00209, and denied plaintiffs' motion for judgment on the agency record. The Commission found the domestic industry was neither materially injured nor threatened with material injury by reason of subject imports during the January 2021 to March 2024 period of investigation.

CIT grants in part and denies in part summary judgment in Inspired Ventures tire entry dispute

The U.S. Court of International Trade held in Slip Op. 26-100, Court No. 24-00062, that CBP had not released the two entries of rubber tires from China at issue, Entry Nos. AVV-0053438-1 and AVV-0053445-6, and granted in part and denied in part Inspired Ventures' motion for summary judgment.

CIT denies as moot NRDC motion to enforce MMPA import provisions settlement

The U.S. Court of International Trade denied as moot the plaintiffs' motion to enforce the settlement agreement in Natural Resources Defense Council, Inc. v. Lutnick, Court No. 24-00148, Slip Op. 26-97, dated August 19, 2026, after all parties agreed no live controversy remained. The court noted that the Marine Mammal Protection Act import provisions, 16 U.S.C. § 1371(a)(2), have been implemented for the first time since the MMPA's 1972 enactment, with comparability findings issued for 135 nations covering approximately 2,500 fisheries and import bans on fish caught with commercial fishing technology causing incidental kill or serious injury of ocean mammals in excess of U.S. standards.

CIT sustains Commerce's second remand redetermination in UAE circular welded steel pipe review

The U.S. Court of International Trade sustained Commerce's Second Remand Redetermination in the 2020-2021 administrative review of the antidumping duty order on circular welded carbon-quality steel pipe from the United Arab Emirates, Slip Op. 26-98, Court No. 23-00113. On remand following the CAFC's decision in Marmen III, 134 F.4th 1334 (Fed. Cir. 2025), Commerce discontinued the Cohen's d test and applied a new three-step differential pricing analysis, revising Universal Tube and Plastic Industries' weighted-average dumping margin from 2.63% to 3.64%. The court also accepted Commerce's explanation for applying both the inter-quarter and same-quarter comparisons in the same review.

CIT denies JBF Bahrain summary judgment in US-Bahrain FTA origin dispute

The U.S. Court of International Trade held in Slip Op. 26-99, Court No. 23-00067, that under HTSUS General Note 30 a third-country input must undergo double substantial transformation to count toward the 35 percent value requirement of the United States–Bahrain Free Trade Agreement, and that the CBP regulation adopting the tariff-shift test in 19 C.F.R. § 10.809(i) is ultra vires and invalid. The court denied JBF Bahrain W.L.L.'s motion for partial summary judgment and granted the government's cross-motion, finding the importer's tariff-shift reading of the regulation wrong in any event because it also requires the tariff shift to occur twice.

CIT remands FLETF denial of Camel Group's removal request from UFLPA Entity List

The U.S. Court of International Trade, in Slip Op. 26-95, Court No. 25-00022, remands to the Forced Labor Enforcement Task Force its denial of Camel Group Co., Ltd.'s request to be removed from the UFLPA Entity List, granting in part and denying in part Camel Group's motion for judgment on the agency record. Camel Group, a Shanghai Stock Exchange-listed maker of battery-related products that imports into the U.S., challenged the denial on statutory authority, the definition of goods "out of" the Xinjiang Uyghur Autonomous Region, and the adequacy of the agency's explanation and evidentiary support. The opinion is dated August 14, 2026, and was issued by Judge Lisa W. Wang.

CIT denies reconsideration in Tianjin Magnesium AD review of pure magnesium from China

The U.S. Court of International Trade denied Tianjin Magnesium International Co., Ltd. and Tianjin Magnesium Metal Co., Ltd.'s motion for reconsideration in Court No. 25-00002, Slip Op. 26-96, issued August 14, 2026. The motion challenged the court's March 13, 2026 opinion and order in Tianjin Magnesium I, which sustained in part and remanded in part Commerce's final results of the antidumping duty administrative review of pure magnesium from China for the period May 1, 2022, through April 30, 2023. The court found the plaintiffs misread its earlier opinion, conflating Bulgarian export data with production data, and that they failed to show reconsideration was necessary.