The Court of International Trade on Dec. 19 declined to grant victory to G&H Diversified Manufacturing on the importer's claims that CBP previously, as part of its role in granting a Section 232 duty exclusion, already said the company's imports were subject to the exclusion. Judge Timothy Reif said open questions of fact still exist with regard to the extent of CBP's role in the exclusion process.
New evidence provided by importers found to have evaded antidumping and countervailing duties on Chinese plywood after a Royal Brush-driven remand was insufficient to change the ultimate finding of the investigation, the United States said Dec. 13 in response to the importers’ remand redetermination comments (American Pacific Plywood v. U.S., CIT Consol. # 20-03914).
The Commerce Department has the power to extend its deadlines for submission of factual information on its own -- without responding to an extension request from a submitting party, the U.S. said in opposition to a domestic boltless steel shelf producer Dec. 13 (Edsal Manufacturing v. United States, CIT # 25-00087).
Importer Performance Additives told the U.S. Court of Appeals for the Federal Circuit that the notion that Congress created a "two-track framework" for deemed liquidation of drawback claims where some claims aren't subject to deemed liquidation at all and others aren't subject to any time limit on liquidation is "nonsense." Filing a reply brief last week, the company said this interpretation of the statutory framework is "blatantly contrary to Congress' stated intent" (Performance Additives v. United States, Fed. Cir. # 24-2059).
The Court of International Trade in a pair of decisions sustained the Commerce Department's use of neutral facts available against respondent Shanghai Tainai Bearing Co. in the 33rd review of the antidumping duty order on tapered roller bearings from China and the agency's use of adverse facts available against the respondent in the AD order's 34th review. Judge Stephen Vaden said Commerce reasonably found in the 34th review that Tainai was aware of its unaffiliated suppliers' past non-cooperation but failed to work to the best of its ability to secure their cooperation.
The following lawsuits were recently filed at the Court of International Trade:
A recent Court of International Trade decision reviewing the Commerce Department's differential pricing methodology under Loper Bright Enterprises v. Raimondo is relevant to resolve a nearly identical claim in a separate case, the U.S. told the trade court in a notice of supplemental authority (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).
Supporting its July motion for judgment (see 2407160051), Belgium citrate exporter Citribel again asked the Court of International Trade Dec. 6 to find that the Commerce Department’s refusal to conduct quarterly conversion cost analyses is unreasonable (Citribel v. U.S., CIT # 24-00010).
The U.S. opened a customs penalty suit against New York-based importer Courtside Market last week, accusing the company of negligently skirting duties on its inkjet fabric rolls (United States v. Courtside Market, CIT # 24-00233).
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