The U.S. Court of Appeals for the Federal Circuit issued a mandate on May 23 in a classication case affirming a 35% duty rate for StarKist's tuna salad pouches in agreement with CBP's classification following its March 30 opinion that upheld a previous decision by the Court of International Trade (see 2203300033). StarKist challenged CBP's classification under subheading 1604.14.10, which provides for prepared or preserved fish, including tuna, whole or in pieces, "but not minced" and "in oil."

Plaintiff and exporter Prosperity Tieh Enterprise Co. opposed a group of U.S. steel producers' motion in an antidumping duty case to hold an oral argument, telling the Court of International Trade that the motion is "unnecessary and disingenuous." In the May 20 filing, Prosperity argued that since the case has been going on for six years and the main issue in the case -- the decision to collapse mandatory respondents Yieh Phui Enterprise Co. and Synn Industrial Co. with one of their affiliates, Prosperity -- has been "extensively briefed," the need for oral argument is precluded (Prosperity Tieh Enterprise Co. v. United States, CIT Consol. #16-00138).

The Commerce Department must "find a practical solution" to verify information from countervailing duty respondents' U.S. customers that shows that they did not use China's Export Buyer's Credit Program, the Court of International Trade said in an opinion released May 20. Adding to a long line of CIT opinions striking down Commerce's use of adverse facts available over the EBCP, Judge Richard Eaton said that the agency can either find a solution to verify the non-use of the program on the record or recalculate the CVD rates for the two mandatory respondents, Dalian Meisen and Ancientree, without using the subsidy rate for the EBCP.

The Court of International Trade in a May 23 opinion sent back CBP's decision finding that MSeafood Corp. did not evade antidumping duties by transshipping Indian frozen warmwater shrimp through Vietnam. Judge Claire Kelly said that CBP only reviewed part of the record in making the decision and failed to adequately follow its own regulations requiring public summaries of confidential information.

The Court of International Trade in a confidential May 19 opinion remanded the Commerce Department's final determination in the countervailing duty investigation on carbon and alloy steel threaded rod from China in a case brought by Chinese exporter Zhejiang Junyue Standard Part Co. The exporter filed the case to contest Commerce's use of adverse facts available over its inability to verify non-use of China's Export Buyer's Credit Program. In a letter on the opinion, Judge Richard Eaton told the parties to review the opinion and tell the court by May 26 if any of the bracketed information should remain confidential or if any non-bracketed information is confidential and should be redacted for the public version (Zhejiang Junyue Standard Part Co. v. United States, CIT #20-00102).

The Court of International Trade in a May 20 order denied plaintiff Koehler Paper's stay motion in antidumping case. The U.S. opposed the stay motion which requested that the case be halted until the Court of Appeals for the Federal Circuit sorted out what to do about the use of the Cohen's d test when detecting masked dumping on the grounds that the impact of a Federal Circuit decision is "speculative at best" (see 2204220041). The U.S. pointed out that resolution of the Federal Circuit case Stupp Corp. v. United States may only affect two legal issues in the case leaving six issues unaffected (Matra Americas LLC v. United States, CIT Consol. #21-00632).

The Committee Overseeing Action for Lumber International Trade Investigations or Negotiations will not be allowed to intervene in GreenFirst Forest Products' case at the Court of International Trade contesting the Commerce Department's decision not to start a changed circumstances review. Per a May 20 opinion at CIT, Judge Claire Kelly said the coalition failed to show that it has a "direct, immediate, or legally protectable interest in this case" or that the U.S. will not adequately represent its interests.

The Court of International Trade ruled in a May 20 opinion that sales from a Canadian warehouse to U.S. customers are "sales for export to the U.S." rather than "domestic sales," in a May 20 slip opinion by Judge Jennifer Choe-Groves. The opinion granted a Nov. 19 motion for summary judgment by DOJ (see 2111220057) that argued plaintiff Midwest-CBK's sales were exports to the U.S. at the time of sale (Midwest-CBK, LLC v. United States, CIT Consol. #17-00154).

The Court of International Trade in a May 23 opinion sent back the CBP's position that Minh Phu Seafood Joint Stock Co. didn't evade the antidumping duties on frozen warmwater shrimp from India. Judge Claire Kelly ruled that a remand is needed since CBP didn't review the entire record in the Enforce and Protect Act case and that it is unclear how CBP enforced compliance with the need to provide public summaries of confidential information. Kelly also denied defendant-intervenors Minh Phu's and MSeafood Corp.'s motion for supplemental briefing which argued that it only became aware of deficiencies in the record at oral argument.

A CBP stay request in a lawsuit challenging an Enforce and Protect Act evasion determination while the agency seeks a covered merchandise referral from Commerce amounts to a delay tactic to extend enforcement in a losing action, Fedmet said in a May 18 motion asking the Court of International Trade to deny the stay (Fedmet Resources Corporation v. United States, CIT #21-00248).