The Commerce Department unlawfully expanded the scope of antidumping and countervailing duty orders on magnesia alumina carbon bricks (MAC bricks) from China in a covered merchandise inquiry during an Enforce and Protect Act remand investigation regarding Fedmet's importation of MAC bricks, Fedmet argued in a June 12 complaint at the Court of International Trade (Fedmet Resource Corporation v. U.S., CIT # 23-00117).

Tire exporter Pirelli's claim that the labelling of its board members as "independent" under Italian law requires the Commerce Department to find that the company rebutted the presumption of Chinese state control "misses the mark," the Court of International Trade ruled on June 9. Again upholding the 2017-18 administrative review of the antidumping duty order on passenger vehicle and light truck tires from China, Judge Jennifer Choe-Groves said the question for Commerce is whether Pirelli rebutted the presumption of Chinese state control, not control by another company, which is what the "independent" label measures.

The U.S. demanded a jury in a customs penalty suit filed against Florida businessman Zhe "John" Liu and one of his companies, AB MA Distribution, in a June 8 notice at the Court of International Trade. The government asked for the jury "on all issues of fact, including the quantum of penalties owed." The U.S. filed the suit to collect over $10 million in unpaid duties and penalties from Liu and AB MA, alleging that the parties transshipped steel wire hangers via India and Thailand to avoid paying antidumping and other duties on steel wire hangers from China (see 2306080027) (U.S. v. Zhe "John" Liu and AB MA Distribution Corporation, CIT # 23-00116).

The Court of International Trade will issue an opinion in a case brought by three conservation groups seeking to compel the Interior Department to decide whether Mexico is engaging in illegal trade and fishing of endangered wildlife, Judge Gary Katzmann said at a June 7 status conference. The judge will author an opinion despite the fact that the conservation groups moved to dismiss the suit after a settlement was reached where Interior determined Mexican nationals are violating the Convention on International Trade in Endangered Species of Wild Fauna and Flora (see 2306020054). Government lawyer Agatha Koprowski even added during the conference that there is "no further need for this court to take any action" given that the conservation groups' claim had been addressed. Interior's finding could lead to an embargo on any goods coming from Mexico (Center for Biological Diversity, et al. v. United States, CIT # 22-00339).

Federal Circuit judges cautioned counsel for importer Katana Racing against arguing whether the U.S. actually stated a claim for which relief can be granted, despite the fact that the Court of International Trade dismissed the case due to an expired statute of limitations. During the June 7 oral argument in the customs penalty suit, Judge Alvin Schall pointed out that the CIT judge did not decide the failure to state a claim issue, while Judge Todd Hughes said he thought it was "very unwise" to make this claim, seeing as argument over the issue would be precluded at the trade court if the appellate court were to rule on it (U.S. v. Katana Racing, Fed. Cir. # 22-1832).

The Court of International Trade granted the Commerce Department's request for a remand to reconsider its calculations of constructed value, CV profit cap and constructed export price profit for countervailing duty respondent Hyundai Steel in the 2019-20 review of the CVD order on oil country tubular goods from South Korea. Hyundai claimed that Commerce's use of exporter SeAH Steel Corp.'s third-country sales data for calculating these figures unreasonably used data that failed to represent Hyundai's actual experience.

If the antidumping rate on activated carbon from China is lowered on Chinese exporter Jilin Bright Future Chemicals, Commerce should recalculate and re-assign the rates assigned to separate rate respondents Cherishmet and Yunguang, the two companies argued in a June 8 motion for judgment at the Court of International Trade (Jilin Bright Future Chemicals Co. v. U.S., CIT # 22-00336).

The Commerce Department erred in finding that exporter Asia Wheel Co.'s trailer wheels are within the scope of the antidumping and countervailing duty orders on steel wheels 12 to 16.5 inches in diameter from China, the company said in a June 8 complaint at the Court of International Trade (Asia Wheel Co. v. United States, CIT # 23-00096).

DOJ is looking to collect over $10 million in unpaid duties and penalties from Florida businessman Zhe "John" Liu and one of his companies, AB MA Distribution, alleging Liu and AB MA transshipped steel wire hangers through India and Thailand to avoid the payment of antidumping and other duties on steel wire hangers from China, according to a June 7 complaint at the Court of International Trade (U.S. v. Zhe "John" Liu and AB MA Distribution Corporation, CIT # 23-00116).

The Court of International Trade correctly dismissed appellant Glob Energy's claims for lack of jurisdiction in an Enforce and Protect Act case in which CBP said the company and others were transshipping Chinese xanthan gum through India to avoid antidumping duties, the U.S. said in a reply brief at the U.S. Court of Appeals for the Federal Circuit. CBP liquidated Glob's entries and the company did not appeal the liquidations "through channels that would permit the trial court to exercise jurisdiction over those entries," and as a result, the liquidations become final and unreviewable, the brief said (All One God Faith v. United States, Fed. Cir. # 23-1078).