The Court of International Trade incorrectly classified plastic-dipped knit gloves under Harmonized Tariff Schedule heading 6116 instead of under heading 3926, Magid Glove & Safety Manufacturing argued in a Dec. 28 brief at the U.S. Court of Appeals for the Federal Circuit (Magid Glove & Safety Manufacturing v. U.S., Fed. Cir. #22-1793).

The International Trade Commission and Commerce Department prematurely carried out its second sunset review of the antidumping duty order on stilbenic optical brightening agents from China and Taiwan, which led to the revocation of the orders, U.S. manufacturer Archroma argued in a Dec. 29 complaint at the Court of International Trade (Archroma v. U.S. Department of Commerce, CIT #22-00354).

The Court of International Trade has the jurisdiction to hear an Enforce and Protect Act case even though the entries in question have liquidated, plaintiff-appellants Ascension Chemicals, UMD Solutions, Crude Chem Technology and Glob Energy told the U.S. Court of Appeals for the Federal Circuit in a Dec. 27 opening brief. "Absurd results would also surely follow if the CIT does not have jurisdiction over liquidated entries," the plaintiff-appellants claimed while vying for jurisdiction for their EAPA case under Section 1581(c) (All One God Faith v. U.S., Fed. Cir. # 23-1078).

The U.S. Court of Appeals for the Federal Circuit rejected a set of domestic steel companies' bid for a rehearing of the court's denial of its bid to intervene in a series of cases challenging denied exclusion requests for Section 232 steel and aluminum tariffs.

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The International Trade Commission violated the law by failing to either conduct a changed circumstances review or reconsider its original antidumping neglibility decision in a sunset review, Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) argued in a group of three related complaints at the Court of International Trade. After another exporter, Colakoglu Dis Ticaret, was revoked from the AD order following court proceedings, the ITC illegally denied any opportunity for Colakoglu's imports to be excluded from the antidumping duty injury proceeding, Erdemir said (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT #22-00349, #22-00350, #22-00351).

The Commerce Department must reconsider its use of adverse facts available rate for countervailing duty respondent Yama Ribbons and Bows' alleged receipt of benefits from China's Export Buyer's Credit Program, the Court of International Trade ruled in a Dec. 23 opinion. Judge Timothy Stanceu said Commerce should take another look at the 10.54% rate, saying the goal of AFA is not to use a "punitive" rate but one that encourages parties to comply with agency requests to the best of their ability. However, the judge found the use of AFA over the EBCP itself was reasonable, making Stanceu the court's third judge to buck a long line of prior CIT rulings against the use of AFA for the EBCP.

The first decision of the World Trade Organization's multiparty interim appeal arbitration arrangement, or MPIA, was judiciously economical, and also gave more deference to countries' antidumping authorities, trade experts said.

The Court of International Trade in a Dec. 22 opinion granted plaintiff Aluminum Extrusions Fair Trade Committee's motion for a preliminary injunction in an Enforce and Protect Act case. Judge Richard Eaton ruled that the plaintiff sufficiently proved that it will be "immediately and irreparably" harmed without the injunction barring liquidation of importer Kingtom Aluminio's aluminum extrusions until the litigation has ended. The judge further ruled that the industry group has a "'fair chance' of success on the meritsm" given that there have been several cases with the same merchandise and parties where CBP has asked for voluntary remand or reversed itself.

The Court of International Trade on Dec. 21 upheld the Commerce Department's pick of Brazil as the main surrogate country in an antidumping duty investigation on wood moldings and millwork from China. After clarifying the controlling question of the case is whether a "reasonable mind" could conclude that Commerce chose the best available information, Judge Gary Katzmann sustained the agency's pick of Brazil over Malaysia.