The Court of International Trade on March 16 upheld the International Trade Commission's finding of critical circumstances in antidumping and countervailing duty investigations on small vertical shaft engines from China because of a surge in imports shortly before the antidumping and countervailing duties took effect. Judge M. Miller Baker ruled against plaintiff MTD Products' arguments that the ITC used faulty data and improperly weighed the data it did use. MTD said the ITC based its findings on export data subject to large lead times, inaccurate comparison periods and artificial increases in volume due to COVID-19. Baker said the "court will not second-guess" the ITC's findings.

The Court of International Trade on March 16 upheld the Commerce Department's final determination in the countervailing duty investigation into aluminum sheet from Turkey. Judge M. Miller Baker said that Commerce "easily" defeated respondent Teknik Aluminyum Sanayi's challenge to Commerce's use of a questionnaire in lieu of on-site verification since Teknik cited no authority requiring the agency to carry out a certain verification procedure during a global pandemic. Baker also upheld Commerce's use of partial adverse facts available over Teknik's failure to submit screenshots of audited financial statements and ledgers, citing Teknik's failure to submit certain information in the form and manner requested.

No lawsuits were recently filed at the Court of International Trade.

The Court of International Trade on March 14 granted defendant-intervenor Endura Products' bid to withdraw from an Enforce and Protect Act case on whether Columbia Aluminum Products evaded the antidumping and countervailing duty orders on aluminum extrusions from China. Endura bowed out of the proceeding after it fell short on its request for a stay in the action pending the resolution of a scope proceeding also at the trade court (see 2302220027). The company said it no longer is interested in the appeal (Columbia Aluminum Products v. United States, CIT Consol. # 19-00185).

DOJ has asked the Court of International Trade permission to add AB MA Distribution Corporation as a defendant alongside Zhe "John" Liu and GL Paper Distribution in an amended complaint in a penalty case at the Court of International Trade. AB MA is allegedly a shell company through which Liu continued an illegal transshipment scheme to import Chinese-origin wire hangers through Malaysia, India and Thailand in order to evade antidumping and countervailing duties (see 2302070047) (United States v. Zhe "John" Liu, CIT # 22-00215).

The Commerce Department made no corrections to the final results of a 2020-2021 administrative review of an antidumping duty order on polyethylene terephthalate resin from Oman after considering a ministerial error allegation by plaintiff Octal, DOJ told the Court of International Trade in a March 13 motion. DOJ had asked the Court to allow the Commerce Department to consider the allegation and, if necessary, to amend its final results. Commerce found that Octal untimely filed its allegation (Octal, et al. v. United States, CIT # 22-00352).

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The Commerce Department dropped its particular market situation adjustment for the sales-below-cost test on remand at the Court of International Trade in an antidumping duty case on forged steel fluid end blocks from Germany, resulting in a zero percent AD rate for respondent BGH Edelstahl Siegen, if the rate is sustained (Ellwood City Forge Co., et al. v. United States, CIT # 21-00077).

CBP properly classified Shamrock Building Materials' steel conduit tubing imports from Mexico as steel tubing and not insulated fittings, the Court of International Trade ruled March 13. Judge Timothy Stanceu said the "uncontested facts" show the tubing is not insulated and is therefore subject to 25% Section 232 steel tariffs.

The following lawsuit was recently filed at the Court of International Trade: