Trade Litigation & Decisions

USITC finds material injury from solar cell imports from India, Indonesia and Laos

The USITC issued a final affirmative injury determination in its Solar IV investigation into crystalline silicon photovoltaic cells, whether or not assembled into modules, from India, Indonesia and Laos, clearing the way for Commerce to issue AD/CVD orders in early November 2026. Combined rates reach as high as 249% for India, 268% for Indonesia and 219% for Laos, stacking on existing executive tariffs and Section 232 minimum import price floors. Final dumping margins are 123.04% for all Indian producers, 94.36% for all Indonesian producers and 65.43% for all Lao exporters, with countervailing rates of 126.09% for India, 73.2% to 173.7% for Indonesia and 82.03% to 153.67% for Laos.

USITC finds material injury in Solar IV case on cells and modules from India, Indonesia and Laos

The USITC issued a final affirmative injury determination in its Solar IV investigation into crystalline silicon photovoltaic cells, whether or not assembled into modules, from India, Indonesia and Laos, finding that dumped and subsidized imports materially injure domestic solar manufacturers. Commerce is scheduled to issue AD and CVD orders in early November 2026, with combined rates as high as 249% for India, 268% for Indonesia and 219% for Laos. Final dumping margins are 123.04% for all Indian producers with a 126.09% countervailing rate, 94.36% for all Indonesian exporters with countervailing rates of 73.2% to 173.7%, and 65.43% for all Laotian exporters with countervailing rates of 82.03% to 153.67%.

USITC makes affirmative final injury determinations on solar cells from India, Indonesia and Laos

The USITC determined on October 14, 2026 that a U.S. industry is materially injured by reason of imports of crystalline silicon photovoltaic cells, whether or not assembled into modules, from India, Indonesia and Laos that Commerce found sold at less than fair value and subsidized, in Inv. Nos. 701-TA-772-774 and 731-TA-1756-1758 (Final). As a result, Commerce will issue antidumping and countervailing duty orders on these products from the three countries. The USITC made negative critical circumstances determinations for certain imports from India and Laos and affirmative critical circumstances determinations for certain imports from Indonesia.

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 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.

CBP begins IEEPA tariff refunds for finally liquidated entries via CAPE portal

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).

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.

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.

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.

USITC finds injury on hardwood and decorative plywood from China, Indonesia and Vietnam

The USITC determined that a U.S. industry is materially injured by reason of imports of hardwood and decorative plywood (excluding all softwood structural plywood) from China, Indonesia and Vietnam, provided for in HTS subheadings 4412.10.05, 4412.31.06, 4412.31.26, 4412.31.42, 4412.31.45, 4412.31.48, 4412.31.52, 4412.31.61, 4412.31.92, 4412.33.06, 4412.33.26, 4412.33.32, 4412.33.57, 4412.34.26, 4412.34.32, 4412.34.57, 4412.39.40, 4412.39.50, 4412.41.00, 4412.42.00, 4412.51.10, 4412.51.31, 4412.51.41, 4412.51.51, 4412.52.10, 4412.52.31, 4412.52.41, 4412.91.06, 4412.91.10, 4412.91.31, 4412.91.41, 4412.92.07, 4412.92.11, 4412.92.31 and 4412.92.42, found by Commerce to be sold at less than fair value and subsidized.

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 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 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 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.