Exporter Midwest-CBK will appeal a May 2022 Court of International Trade decision, which said that sales from a Canadian warehouse to U.S. customers are sales "for exportation to the United States" instead of "domestic sales." After losing on this claim last year, the case shifted to an inquiry into the value of the goods. Midwest-CBK said that, due to its business model, it couldn't litigate this issue, and so it made the decision to ditch this claim so it could appeal its original argument (see 2310200054). Per its Nov. 8 notice of appeal, the exporter will take its suit to the U.S. Court of Appeals for the Federal Circuit (Midwest-CBK v. United States, CIT # 17-00154).

Court of International Trade Judge Gary Katzmann questioned U.S. steelmakers and the International Trade Commission about whether the commission's previous instances in cumulating imports during sunset reviews constituted an "agency practice," as part of a series of questions before upcoming oral arguments. The case concerns the ITC's decision not to cumulate imports of cold-rolled steel from Brazil with those of China, India, Japan and the U.K., in sunset reviews (Cleveland-Cliffs v. U.S., CIT # 22-00257).

Italian pasta exporters La Molisana and Valdigrano di Flavio Pagani failed in their attempt to provide compelling reasons for the Commerce Department to do away with "longstanding, transparent, and consistent instructions for reporting protein content," the U.S. said in a Nov. 9 reply brief at the U.S. Court of Appeals for the Federal Circuit (La Molisana v. United States, Fed. Cir. # 23-2060).

The Court of International Trade on Nov. 8 upheld a Commerce Department scope ruling that importer Valeo North America's T-series aluminum sheet is covered by the antidumping and countervailing duty orders on common alloy aluminum sheet from China. Judge Mark Barnett sustained Commerce's consideration of and weight applied to various industry evidence along with its detailed discussion of heat treatment.

The Commerce Department's cross-owned input supplier analysis in a case on the 2018 countervailing duty review of steel concrete reinforcing bar from Turkey "has a direct and precedential bearing" on the Court of International Trade's decision in the case on the 2020 review of the same order, exporter Kaptan Demir Celik Endustrisi ve Ticaret told the trade court (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 22-00149).

The Court of International Trade on Nov. 7 dismissed an antidumping duty case from lumber importer West Fraser Mills for failure to file a complaint by the time limits set in court rules. West Fraser was challenging the Commerce Department's 2021 review of the antidumping duty order on softwood lumber products from Canada (West Fraser Mills v. U.S., CIT # 23-00209).

The Commerce Department arbitrarily rejected arguments from Canadian softwood lumber exporter Resolute FP Canada -- despite a "good cause" showing by Resolute -- when it found the company would be likely to continue dumping, in the final results of a sunset review, Resolute said in its Nov. 6 motion for judgment at the Court of International Trade (Resolute FP Canada v. U.S., CIT # 23-00095).

The Commerce Department legally found that importer Valeo North America's T-series aluminum sheet is covered by the antidumping and countervailing duty orders on common alloy aluminum sheet from China, the Court of International Trade ruled in a Nov. 8 opinion. The case was remanded so that Commerce could address evidence that Valeo's product undergoes heat treatment, barring it from being classified as subject 3XXX-series core. Judge Mark Barnett said that Valeo did not present a "cogent challenge" to Commerce's finding that Valeo's T-series sheet "undergoes a combination of annealing and cold-working" that doesn't bar classification as a 3XXX-series alloy.

The Court of International Trade granted importer Time After Time Manufacturing's motion to dismiss its own customs case concerning its entries of plant carts. The importer filed the case in September, arguing that its plant carts of Harmonized Tariff Schedule subheading 9403.20.0050, free of duty, and secondary subheading 9903.88.03, subject to 25% Section 301 duties, qualify for subheadings 9817.00.5000 and 9403.20.0050, both free of duty (Time After Time Manufacturing v. U.S., CIT # 23-00203).

Antidumping duty respondent Assan Aluminyum Sanayi ve Ticaret filed a second notice of supplemental authorities in its AD case at the Court of International Trade to point to a separate AD review involving a duty drawback adjustment and Commerce's requirement that only closed inward processing certificates be included in the numerator of Commerce's per unit calculation (Assan Aluminyum Sanayi ve Ticaret v. U.S., CIT Consol. # 21-00616).