Importer Phoenix Metal Co. on Oct. 16 voluntarily dismissed its appeal of an Enforce and Protect Act proceeding at the U.S. Court of Appeals for the Federal Circuit. The Court of International Trade sustained CBP's finding that the company evaded the antidumping and countervailing duty orders on cast iron soil pipe from China by transshipping the pipe through Cambodia (see 2406100027). The trade court rejected Phoenix's due process claims, which faulted CBP for failing to notify the company that it was subject to an interim EAPA investigation, finding that Phoenix failed to allege that it suffered specific-enough harm by being subject to the interim measures without adequate notice. Counsel for Phoenix declined to comment on the decision to drop the appeal (Phoenix Metal v. U.S., CIT # 23-00048).

The U.S. will pay over $3 million in duty refunds with interest to importer Kiswire related to duty payments the company paid on its wire rod entries from South Korea. Filing a stipulated judgment with the Court of International Trade on Oct. 16, Kiswire and the government agreed to settle Kiswire's challenge against the antidumping duties assessed on its imports (Kiswire v. U.S., CIT Consol. # 22-00181).

After the Court of International Trade remanded the 323.12% adverse facts available antidumping duty rate received by an Indian quartz countertop exporter that missed a 10 a.m. deadline by five hours during the COVID-19 pandemic (see 2405290065), all parties reached a settlement would see the exporter get a new rate of 3.58% (Cambria Co. v. U.S., CIT Consol. # 23-00007).

The Commerce Department improperly found that its off-grid solar charging modules didn't qualify for two exclusions to the antidumping and countervailing duty orders on solar cells from China, U.S. importer GameChange Solar Corp. argued Oct. 15. Filing a complaint at the Court of International Trade, GameChange said the agency illegally "disregarded, discounted, and mischaracterized contradictory information on the record including photographs submitted" by the importer (GameChange Solar Corp. v. United States, CIT # 24-00174).

In oral arguments Oct. 8, the U.S. Court of Appeals for the Federal Circuit indicated that the plaintiff challenging an Enforce and Protect Act evasion finding whose entries have all already been liquidated was likely not going to succeed in reversing the dismissal of its case by the Court of International Trade (see 2208180045) (All One God Faith v. U.S., Fed. Cir. # 23-1078).

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

In response to a U.S. claim that it couldn't move for a motion on its pleadings before issues of fact were settled by discovery (see 2409260061), an importer of tubing for perforating guns said Oct. 15 that it was “impossible” for CBP to find that one of its products should have been classified under a different Harmonized Tariff Schedule heading between the time the importer sought a Section 232 exclusion request and the time it shipped its entry into the country (G&H Diversified Manufacturing v. U.S., CIT # 22-00130).

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

Another plaintiff in a sprawling case regarding an affirmative circumvention finding for Vietnamese hardwood plywood added its own support Oct. 15 to its side’s second motion for judgment. It said that the unusual circumstances that led the Commerce Department to essentially conduct a review of 57 companies without a mandatory respondent were “the result of its own misguided decisions” (Shelter Forest International Acquisition v. U.S., CIT Consol. # 23-00144).

The Court of International Trade on Oct. 11 sustained the Commerce Department's remand results in a case on the antidumping duty investigation on polyester textured yarn from Indonesia that slashed exporter PT. Asia Pacific Fibers' AD rate from 26.07% to 9.2%. On remand, Commerce dropped its use of adverse facts available and relied on Asia Pacific's submitted information under protest.