CBP illegally found that importers American Pacific Plywood Inc. (APPI), Far East American and Liberty Woods International evaded the antidumping and countervailing duty orders on hardwood plywood from China by transshipping their goods through Vietnam, the importers argued in two July 20 complaints at the Court of International Trade. The importers' six- and 10-count complaints against CBP over its Enforce and Protect Act investigation include claims the agency illegally initiated the investigation, violated the importers' due process rights and improperly found that all of its imports were covered merchandise (Far East American v. United States, CIT #22-00213) (American Pacific Plywood Inc. v. U.S., CIT #22-00214).

The Court of International Trade in a July 20 opinion redenominated the U.S.'s counterclaim in a customs case brought by importer Cyber Power Systems as a defense, ruling that the U.S. does not have the statutory authority to make the counterclaim. With the ruling, Judge Claire Kelly denied Cyber Power's motion to dismiss the counterclaim as moot. Kelly ruled that none of the sections in the U.S. code cited by the U.S. give a basis for the counterclaim, which sought to reclassify imported cables.

A recent Court of International Trade opinion finding that the Commerce Department appropriately rejected untimely filed questionnaire responses and extension requests is relevant for antidumping duty petitioner Wheatland Tube Co.'s case, the petitioner said in a July 19 notice of supplemental authority (Ajmal Steel Tubes & Pipes Ind. v. United States, CIT #21-00587). In the recent decision in the Tau-Ken Temir v. U.S. case, the court said Commerce properly rejected the hour and 41 minutes-late submissions (see 2207150035). The plaintiffs said that technical difficulties and COVID-19 issues resulted in the late filings, but the court said Commerce did not abuse its discretion in denying the submissions since the plaintiffs' "experienced counsel" should have requested an extension earlier.

A case involving allegedly defective plywood should be dismissed from consideration at the Court of International Trade because the importer has failed to show evidence of actual defect or specific value lost, the government said in a July 18 cross-motion for summary judgement (Bral Corporation v. United States, CIT # 20-00154).

Mixes of frozen fruits should be classified under heading 0811 as "fruit and nuts," rather than under heading 2106 as "food preparations," the government said again in a July 18 brief in support of its May 23 motion to dismiss (see 2205240031) (Nature's Touch Frozen Foods (West). v. U.S., CIT #20-00131). None of the products at issue constitute “food preparations” of heading 2106 as they are not subject to the level of processing that is typical of “food preparations.” Instead, the "all-fruit mixes at issue are classifiable under the eo nomine provision for frozen '[f]ruit' in Heading 0811, [Harmonized Tariff Schedule of the U.S.], pursuant to GRI 1," the brief said.

Battery powered flexible electronic eWriter device containing flexible pressure sensitive liquid crystal writing film are properly classified as "optical appliances" under subheading 9013.80.7000 and subject to a product exclusion under Section 301 tariffs, Kent Displays said in a July 18 complaint at the Court of International Trade (Kent Displays, Inc. v. U.S. CIT # 20-00156).

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The Commerce Department in July 18 remand results submitted to the Court of International Trade found that there was insufficient evidence to deny antidumping respondent Z.A. Sea Foods Private Limited's (ZASF) Vietnam sales for use in calculating normal value. In the AD case, Commerce rejected ZASF's third-country sales to Vietnam for allegedly ending up in the U.S. to evade the relevant AD order -- this position was sent back by the trade court. On remand, the agency used the Vietnamese sales to calculate normal value, ending on a 1.73% dumping rate for ZASF (Z.A. Sea Foods Private Limited v. United States, CIT Consol. #21-00031).

The Court of International Trade in a July 20 opinion redenominated the U.S.' counterclaim in a customs case brought by importer Cyber Power Systems as a defense, ruling that the U.S. does not have the statutory authority to make the counterclaim. With the ruling, Judge Claire Kelly denied Cyber Power's motion to toss the counterclaim as moot. The counterclaim sought to reclassify Cyber Powers' cable imports under Harmonized Tariff Schedule subheading 8544.42.90. Kelly ruled that none of the sections in the U.S. code cited by the U.S. give a basis for the counterclaim.

Agricultural net wraps for baling hay or other silage are not "parts" of agricultural machinery, but rather an input classifiable as fabric, the government said in a July 15 brief at the Court of International Trade (RKW Klerks Inc. v. U.S., CIT #20-00001).