Insights

The U.S. Court of International Trade (“CIT”) has again rejected the U.S. Department of Commerce’s (“Commerce”) determination that chassis manufactured in Vietnam with Chinese-origin parts are covered by the antidumping (“AD”) and countervailing duty (“CVD”) orders on chassis from China. In Pitts Enterprises, Inc. dba Dorsey Intermodal v. United States, Slip Op. 26-121 (October 7, 2026), Judge Claire R. Kelly remanded Commerce’s redetermination for a second time. The court held that Commerce’s reading of the orders to cover “unfinished subassemblies” is contrary to their plain meaning, and that, in any event, the phrase “any other processing” in the orders does not include welding or fabrication.

The U.S. Department of Commerce must decide by September 8, 2026 whether to initiate antidumping (“AD”) and countervailing duty (“CVD”) investigations of Linear Hydraulic Cylinders and Parts Thereof from Canada, China, India, Mexico, and South Korea.

Key Takeaways: The Bureau of Industry and Security (“BIS”) issued a temporary final rule under the Defense Priorities and Allocations System (“DPAS”) that restricts exports of shredded lithium-ion battery scrap containing cathode material, known as “black mass,” as well as tungsten and other waste by U.S. entities. Published on August 6, 2026, and effective immediately upon publication, the rule’s Directive Allocation Order takes effect on August 27, 2026, at which point all monthly sales of these materials must be allocated exclusively to U.S. buyers. The Directive Allocation Order remains in effect through August 27, 2027 (unless adjusted by BIS). Exports to non-U.S. persons require a separate DPAS authorization, which does not replace a BIS export license under the Export Administration Regulations (“EAR”), if required. BIS considered the directive necessary citing the threat to national defense and security posed by the “inadequate supply of critical minerals and materials” (“CMMs”).