Bio-Lab, Inc. v. United States

2026 CIT 15
CourtUnited States Court of International Trade
DecidedFebruary 18, 2026
Docket24-00118
StatusPublished

This text of 2026 CIT 15 (Bio-Lab, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Court of International Trade primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bio-Lab, Inc. v. United States, 2026 CIT 15 (cit 2026).

Opinion

Slip Op. 26-15

UNITED STATES COURT OF INTERNATIONAL TRADE

BIO-LAB, INC., INNOVATIVE WATER CARE, LLC (F/K/A CLEARON CORP.), AND OCCIDENTAL CHEMICAL CORPORATION,

Plaintiffs,

v. Before: Jennifer Choe-Groves, Judge

UNITED STATES, Court No. 24-00118

Defendant,

and

JUANCHENG KANGTAI CHEMICAL CO., LTD. AND HEZE HUAYI CHEMCIAL CO., LTD.,

Defendant-Intervenors.

OPINION AND ORDER

[Remanding the U.S. Department of Commerce’s final results.]

Dated: February 18, 2026

Chase J. Dunn and James R. Cannon, Jr., Cassidy Levy Kent (USA) LLP, of Washington, D.C., for Plaintiffs Bio-Lab, Inc., Innovative Water Care, LLC (f/k/a Clearon Corp.), and Occidental Chemical Corporation. With them on the brief was Ulrika K. Swanson. Court No. 24-00118 Page 2

Tate N. Walker, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for Defendant United States. With him on the brief were Brett A. Shumate, Principal Deputy Assistant Attorney General, Patricia M. McCarthy, Director, and Reginald T. Blades, Jr., Assistant Director. Of counsel was Shanni Alon, Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, D.C.

Alexandra H. Salzman, The Inter-Global Trade Law Group, PLLC, of Washington, D.C., for Defendant-Intervenors Juancheng Kangtai Chemical Co., Ltd. and Heze Huayi Chemical Co., Ltd. With her on the brief were Gregory S. Menegaz and Vivien J. Wang.

Choe-Groves, Judge: This action concerns the U.S. Department of

Commerce’s (“Commerce”) final determination in Chlorinated Isocyanurates from

the People’s Republic of China (“Final Results”), 89 Fed. Reg. 49,149 (Dep’t of

Commerce June 11, 2024) (final results of countervailing duty administrative

review; 2021) and accompanying Decision Memorandum for the Final Results of

Countervailing Duty Administrative Review of Chlorinated Isocyanurates from the

People’s Republic of China; 2021 (Dep’t of Commerce June 4, 2024) (“Final

IDM”), PR 143.1

Before the Court is Plaintiffs Bio-Lab, Inc.’s (“Bio-Lab”), Innovative Water

Care, LLC’s (f/k/a Clearon Corp.) (“IWC”), and Occidental Chemical

Corporation’s (“OxyChem”) (collectively, “Plaintiffs”) Memorandum of Law and

Fact in Support of Plaintiffs’ Rule 56.2 Motion for Judgment on the Agency

1 Citations to the administrative record reflect the public record (“PR”) and confidential record (“CR”) numbers filed in this case, ECF Nos. 36, 37, 38. Court No. 24-00118 Page 3

Record. Mem. Law Fact Supp. Pls.’ R. 56.2 Mot. J. Agency R. (“Plaintiffs’

Motion for Judgment Upon the Agency Record” or “Pls.’ Br.”), ECF Nos. 25, 26,

27. The United States (“Defendant”) filed Defendant’s Response in Opposition to

Plaintiffs’ Motion for Judgment Upon the Agency Record. Def.’s Resp. Opp’n

Pls.’ Mot. J. Agency R. (“Def.’s Resp. Br.”), ECF No. 30. Heze Huayi Chemical

Co., Ltd. (“Heze Huayi”) and Juancheng Kangtai Chemical Co., Ltd. (“Kangtai”)

(collectively, “Defendant-Intervenors”) filed the Response Brief of Defendant-

Intervenors Heze Huayi Chemical Co., Ltd. and Juancheng Kangtai Chemical Co.,

Ltd. Resp. Br. Def.-Intervs. Heze Huayi Chemical Co., Ltd. and Juancheng

Kangtai Chemical Co., Ltd. (“Def.-Intervs.’ Resp. Br.”), ECF No. 31. Plaintiffs

filed Plaintiffs’ Reply Brief. Pls.’ Reply Br., ECF Nos. 32, 33, 34. The Court held

oral argument on December 16, 2025. Confidential Oral Argument (Dec. 16,

2025), ECF No. 52.

For the reasons discussed below, the Court grants Plaintiffs’ Motion for

Judgment Upon the Agency Record and remands Commerce’s Final Results.

JURISDICTION AND STANDARD OF REVIEW

The Court has jurisdiction pursuant to Section 516A(a)(2)(B)(iii) of the

Tariff Act of 1930, as amended, 19 U.S.C. § 1516a(a)(2)(B)(iii), and 28 U.S.C.

§ 1581(c). The Court shall hold unlawful any determination found to be Court No. 24-00118 Page 4

unsupported by substantial evidence on the record or otherwise not in accordance

with law. 19 U.S.C. § 1516a(b)(1)(B)(i).

DISCUSSION

I. Statutory Framework for Commerce’s Application of Facts Otherwise Available

Pursuant to the Tariff Act, Commerce has the authority to conduct

countervailing duty investigations and determine whether “the government of a

country or any public entity within the territory of a country is providing, directly

or indirectly, a countervailable subsidy with respect to the manufacture,

production, or export of a class or kind of merchandise imported, or sold (or likely

to be sold) for importation, into the United States.” 19 U.S.C. § 1671(a)(1). The

Court of Appeals for the Federal Circuit (“CAFC”) has said that countervailing

subsidies “exist when (1) a foreign government provides a financial

contribution (2) to a specific industry and (3) a recipient within the industry

receives a benefit as a result of that contribution.” Fine Furniture (Shanghai) Ltd.

v. United States (“Fine Furniture”), 748 F.3d 1365, 1369 (Fed. Cir. 2014) (citing

19 U.S.C. § 1677(5)(B)).

Section 776 of the Tariff Act states that if “necessary information is not

available on the record,” then the agency shall “use the facts otherwise available in

reaching” its determination. 19 U.S.C. § 1677e(a)(1). 19 U.S.C. § 1677e(a)(2)

permits Commerce to select from facts otherwise available if an interested Court No. 24-00118 Page 5

party: (A) withholds information; (B) fails to provide such information by the

deadlines for submission, or in the form and manner requested; (C) significantly

impedes a proceeding; or (D) provides such information but the information cannot

be verified. 19 U.S.C. § 1677e(a)(2).

Commerce’s authority to use facts otherwise available under 19 U.S.C.

§ 1677e(a) is subject to 19 U.S.C. § 1677m(d), which states that:

If the administering authority or the Commission determines that a response to a request for information under this subtitle does not comply with the request, the administering authority or the Commission (as the case may be) shall promptly inform the person submitting the response of the nature of the deficiency and shall, to the extent practicable, provide that person with an opportunity to remedy or explain the deficiency in light of the time limits established for the completion of investigations or reviews under this subtitle. 19 U.S.C. § 1677m(d).

If Commerce determines that “an interested party has failed to cooperate by

not acting to the best of its ability to comply with a request for information” from

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ta Chen Stainless Steel Pipe, Inc. v. United States
298 F.3d 1330 (Federal Circuit, 2002)
Fine Furniture (Shanghai) Ltd. v. United States
748 F.3d 1365 (Federal Circuit, 2014)
Nan Ya Plastics Corporation v. United States
810 F.3d 1333 (Federal Circuit, 2016)
Maverick Tube Corporation v. United States
857 F.3d 1353 (Federal Circuit, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
2026 CIT 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bio-lab-inc-v-united-states-cit-2026.