The U.S. must further explain its decision not to add certain documents to the record in a case on the National Marine Fisheries Service's rejection of importer Southern Cross Seafoods' application for preapproval to import Chilean sea bass, the Court of International Trade ruled. Judge Timothy Reif said in an Oct. 5 opinion made public Oct. 10 that the government must address inconsistencies in its reasons for not including information showing how the NMFS obtained outside legal opinions included in the administrative record and information identifying who authored a relevant legal opinion.
Country of origin cases
Four Canadian lumber exporters, along with their cross-owned affiliates, referred to as the "Originally Excluded Parties," asked the Court of International Trade to relieve them from the effects of a court order reinstating the countervailing duty order on softwood lumber products from Canada. The originally excluded parties said the order was based on an earlier judgment, which the U.S. Court of Appeals for the Federal Circuit reversed, concerning the legal ground for conducting expedited CVD reviews, meaning that the trade court should restore "the status quo ante that existed prior" to the order for the remainder of the case (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. U.S., CIT Consol. # 19-00122).
The use of adverse facts in an administrative review of the antidumping duty order on multilayered wood flooring from China, and the resulting recalculation of rates for separate rate companies, were unlawful and inconsistent with the facts, a group of separate rate respondents led by Jiangsu Guyu International Trading (Jiangsu) said in their Oct. 5 remand comments to the Court of International Trade. Commerce deviated from its established practice when it assigned a separate rate to Jinlong and so it should similarly deviate in recalculating the average rate assigned to the non-individually reviewed companies, Jiangsu said (American Manufacturers of Multilayered Wood Flooring v. U.S., CIT # 21-00595)
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. District Court for the District of Columbia adopted an amended briefing schedule in U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman's case against three of her colleagues pertaining to their fitness investigation of the 96-year-old judge (Hon. Pauline Newman v. Hon. Kimberly Moore, D.D.C. # 23-01334).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. asked for an extended stay in a customs penalty suit against Greenlight Organic and its owner Parambir Singh "Sonny" Aulakh given that the U.S. Attorney for the Southern District of New York opened a criminal investigation on the evidence recovered during a search of Aulakh's residence. Filing a status report in the Court of International Trade, the government said the case should be stayed until Jan. 2, after which the U.S. will file another status report "updating the Court on whether a continued stay is needed" (United States v. Greenlight Organic, CIT # 17-00031).
The World Trade Organization will host a virtual event Oct. 11 at 7 a.m. EDT covering trade-facilitating measures pertaining to product rules of origin. Tanzania's Elia Mtweve, current chair of the Committee on Rules of Origin, will open the event, which will discuss "initiatives being implemented to simplify rules of origin and facilitate compliance with origin requirements," WTO announced. Also speaking will be WTO member government representatives, international organization officials and academics.
The Court of International Trade in an Oct. 4 opinion vacated part of its prior decision in an antidumping case remanding the Commerce Department's methodology for calculating an adverse facts available rate for mandatory respondent Sino-Maple (JiangSu) Co. Judge Richard Eaton said Commerce can use the highest transaction-specific dumping margin for the other mandatory respondent in the review, Senmao, as the total AFA rate for Sino-Maple after initially rejecting the move. The opinion comes as part of the sixth AD review on multilayered wood flooring from China. Commerce did not submit a remand redetermination following Eaton's original decision but instead vied for reconsideration of the opinion.
The Court of International Trade's decision ordering CBP to reliquidate customs entries flatly cuts against a recent U.S. Court of Appeals for the Federal Circuit decision that ruled against reliquidation after a court case led to a higher dumping rate for a different exporter, retail giant Target told the appellate court (Target v. U.S., Fed. Cir. # 23-2274).