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 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.

Commerce ITA gives notice of USMCA Article 10.12 binational panel decision

The International Trade Administration published a Federal Register notice of a binational panel decision under USMCA Article 10.12. The notice does not state the panel's decision, the case number, the products or countries involved, or any effective date.

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 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).

Commerce decides duty-free entry applications for scientific instruments

Commerce's International Trade Administration issued a notice of decision on applications for duty-free entry of scientific instruments covering 43 listed instruments, including electron probe microanalyzers, transmission electron microscopes, NMR spectrometers, lasers and radar systems, for applicants such as the New Mexico Institute of Mining and Technology, the University of Illinois, Washington University in St. Louis, the University of Washington, Battelle Memorial Institute and Fermi Forward Discovery Group, LLC. The notice lists each application under its case number, from 25-067 through 26-114, and identifies the instrument and applicant for each. The notice does not state duty rates, effective dates or the outcome for individual applications.

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.

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.

Commerce approves duty-free entry for scientific instruments in 50 dockets

Commerce's International Trade Administration approved duty-free entry for the scientific instruments listed in 50 dockets, including Docket No. 25-034 (UChicago Argonne LLC, 352-MHz/160kW Solid State Radio Frequency Amplifier Systems) and Docket No. 26-139 (UChicago Argonne LLC, Electron Bean Evaporator), finding no instrument of equivalent scientific value manufactured in the United States at the time of order. The decision follows notices at 90 FR 55301, 91 FR 52040 and 91 FR 53842; no public comments were received. Applicants include UChicago Argonne LLC, Battelle Memorial Institute, Fermi Forward Discovery Group LLC, Arizona State University, Lawrence Berkeley National Laboratory, Leland Stanford Junior University and others.

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 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 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 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 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.

CIT upholds IEEPA rescission of de minimis exemption, denies Axle summary judgment on Counts I and II

The U.S. Court of International Trade held in Slip Op. 26-94, Court No. 25-00091, that IEEPA's authority to "nullify [or] void . . . exercising any . . . privilege" authorizes the President's rescission of the de minimis exemption under 19 U.S.C. § 1321, and that the APA does not apply to the ministerial agency actions implementing that directive. The court denied Axle of Dearborn's motion for partial summary judgment on Counts I and II, granted summary judgment to the government on those counts, denied the government's motion to dismiss Count II as moot, and denied the government's motion for summary judgment on Count III.

CIT denies Chattem intervention in glycine changed circumstances review appeal

The U.S. Court of International Trade denied Chattem Chemicals, Inc.'s motion to intervene in Salvi Chemical Industries Ltd. v. United States, Court No. 26-02569, Slip Op. 26-93, an action challenging Commerce's final results of the antidumping duty changed circumstances review of the glycine order from China, 91 Fed. Reg. 10,588. The court held Chattem was an interested party as a domestic glycine producer but was not a party to the changed circumstances review, having entered its appearance on June 3, 2026, and that permissive intervention is unavailable in actions under 28 U.S.C. § 1581(c); its June 22, 2026 motion was also untimely.

CIT sustains Commerce's second remand redetermination in phosphate fertilizers countervailing duty review

The U.S. Court of International Trade sustained Commerce's second remand redetermination in the countervailing duty administrative review of phosphate fertilizers from the Russian Federation, in Archer Daniels Midland Co. v. United States, Slip Op. 26-92, Consol. Court No. 23-00239, issued August 12, 2026. Commerce reconstructed its tier-three benchmark to include world sedimentary-origin phosphate rock price data from Iran and Togo that had previously been excluded solely on the distinction between igneous and sedimentary ore, and calculated that JSC Apatit received no measurable benefit for the provision of mining rights for less than adequate remuneration, resulting in a total subsidy rate of 22.86 percent ad valorem for the period of review.

CIT denies ADM motion to complete administrative record in consolidated phosphate case

The U.S. Court of International Trade denied Archer Daniels Midland Company's motion to complete the administrative record in Consolidated Court No. 23-00239, Slip Op. 26-91, dated August 12, 2026. ADM sought to add its March 30, 2026, Rebuttal Comments in Response to The Mosaic Company's Submission of New Factual Information, which were not in the record because ADM's counsel E-filed them under the first administrative review proceeding rather than the second remand proceeding, so Commerce did not consider them in the remand redetermination.

CIT remands Commerce's CVD review determination on Korean cut-to-length steel plate

The U.S. Court of International Trade, in Slip Op. 26-90, Consol. Court No. 24-00190, granted motions for judgment on the agency record filed by Hyundai Steel Company, Dongkuk Steel Mill Co., Ltd. and the Government of the Republic of Korea and remanded Commerce's final results in the 2022 countervailing duty administrative review of certain cut-to-length carbon-quality steel plate from the Republic of Korea for further explanation or reconsideration.

CIT remands Commerce denials of Mirror Metals Section 232 steel exclusion requests

The U.S. Court of International Trade granted Mirror Metals, Inc.'s motion for judgment on the agency record in Court No. 24-00260 and remanded Commerce's denials of its 63 requests to exclude flat-rolled stainless steel products from Section 232 tariffs, in Slip Op. 26-89 dated August 11, 2026. The court found Commerce ignored the regulations' requirements for objections and failed to explain the denials in light of Mirror Metals' rebuttal evidence. The subject steel covers #8 non-directional finish, bright annealed finish and #4 satin finish products; the exclusion requests were filed between October 2022 and March 2024, when the December 14, 2020 exclusion regulations applied.

CIT grants steel producers and USW intervention in CORE injury determination challenge

The U.S. Court of International Trade granted motions to intervene as of right in Kemper AIP Metals, LLC v. United States, Court No. 26-00764, Slip Op. 26-87, allowing Cleveland-Cliffs Inc., Nucor Corporation, Steel Dynamics, Inc., United States Steel Corporation and the United Steelworkers to defend the USITC's final affirmative material injury determination on corrosion-resistant steel products from Australia, Brazil, Canada, Mexico, Netherlands, South Africa, Taiwan, Turkey, United Arab Emirates and Vietnam. The court held the proposed intervenors had piggyback standing because they seek only affirmance of the determination, the same relief as the government, and qualify as interested parties under 28 U.S.C. § 2631(j)(1)(B).

CIT grants Nucor, Steel Dynamics, U.S. Steel and USW intervention in CORE from Brazil AD suit

The U.S. Court of International Trade granted the motions of Nucor Corporation, Steel Dynamics, Inc., United States Steel Corporation and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC to intervene as defendant-intervenors in Kemper AIP Metals, LLC and Waelzholz Brasmetal Laminação Ltda. v. United States, Slip Op. 26-86, Court No. 26-00762, Judge Timothy M. Reif, dated August 7, 2026.

CIT sustains Commerce scope ruling on Chinese carbon steel butt-weld pipe fittings finished in Vietnam

The U.S. Court of International Trade sustained Commerce's second remand redetermination in the final scope ruling on certain carbon steel butt-weld pipe fittings from China, holding that rough fittings produced in China that underwent sizing/reforming or heat- or cold-treating and finishing in Vietnam fall within the antidumping duty order. The ruling covers the two Vietnam production scenarios in the covered merchandise referral, EAPA Consolidated Case Number 7335 (Remand Number 7717), involving Norca Industrial Company, LLC and International Piping & Procurement Group, LP. The court's decision is Slip Op. 26-83 in Consol. Court No. 23-00231, dated July 29, 2026.

CIT sustains in part and remands in part Commerce's final results in AD review on activated carbon from China

The U.S. Court of International Trade sustained in part and remanded in part Commerce's amended final results in the 2022-2023 administrative review of the antidumping duty order on certain activated carbon from China, Consol. Court No. 24-00262, Slip Op. 26-84, dated July 29, 2026. The court found Commerce's selection of Malaysia as the primary surrogate country unsupported and remanded that issue. The amended final results, at 89 Fed. Reg. 104,978, calculated weighted-average dumping margins of $1.90/kg for Jilin Bright, $1.10/kg for GHC and $1.35/kg for non-selected companies under review.

CIT sustains Commerce remand redetermination in 2021 softwood lumber AD review

The U.S. Court of International Trade sustained Commerce's remand redetermination in the 2021 administrative review of the antidumping duty order on certain softwood lumber products from Canada, Slip Op. 26-82, Consol. Court No. 23-00187. The remand followed the CAFC's decision in Marmen III, 134 F.4th 1334 (Fed. Cir. 2025), which vacated Commerce's use of the Cohen's d test; Commerce replaced it with a price difference test as the first step of its differential pricing analysis.

CIT sustains in part and remands in part Commerce's CVD final determination on melamine from Qatar

The U.S. Court of International Trade, in Slip Op. 26-81 dated July 27, 2026, sustained in part and remanded in part Commerce's final affirmative countervailing duty determination on melamine from Qatar, 89 Fed. Reg. 97,593 (Dec. 9, 2024), in Court No. 25-00053. The court sustained Commerce's rejection of QAFCO's reconciliation of unreported electricity and water usage at verification, but remanded for reconsideration of the 16% adverse facts available subsidy rate for electricity and water and the benefit determination for land rights. Commerce had calculated 8% ad valorem for electricity, 8% ad valorem for water, and 1.71% ad valorem for certain land rights.