U.S. Steel Corp. filed a second bid to intervene in a Court of International Trade case over an International Trade Commission injury proceeding, arguing that it meets the standard for permissive intervention since the outcome of the case could "jeopardize the antidumping order that U.S. Steel petitioned for and now benefits from." U.S. Steel also said that "it makes logical sense to allow" its intervention since its arguments will center on whether the court has the jurisdiction to hear plaintiff Eregli Demir ve Celik's claims, and the jurisdictional issue will "impact the companion cases where U.S. Steel has a statutory right to intervene" (Eregli Demir ve Celik Fabrikalari v. International Trade Commission, CIT # 22-00349).
CBP announced an Enforce and Protect Act investigation on whether LTT International Trading evaded antidumping and countervailing duty orders on quartz surface products from China, according to a recently released notice. CBP determined there was reasonable suspicion of evasion by LTT and imposed interim measures along with formal notice of initiation of the investigation.
The Court of International Trade in a Feb. 17 opinion set aside a March 2022 decision in a customs spat over reimported swimsuits to hear an additional argument from the U.S., though the court ultimately reached the same conclusion.
The Commerce Department improperly used only one mandatory respondent in an antidumping duty investigation, the Court of International Trade ruled in a Feb. 16 opinion. Citing a recent U.S. Court of Appeals for the Federal Circuit ruling that held Commerce may not use just one respondent where multiple exporters have requested a review, Judge Timothy Stanceu sent back the agency's respondent selection decision. The judge also blasted Commerce's use of an adverse facts available rate, taken from the petitioner after the one respondent backed out of the investigation, which the agency used for the non-individually selected respondents and the all-others rate.
U.S. steelmakers Nucor, Steel Dynamics, SSAB Enterprises and Cleveland-Cliffs should not be allowed to intervene in a case challenging the International Trade Commission's decision not to review an antidumping injury proceeding, plaintiff Eregli Demir ve Celik Fabrikalari argued in a series of three Feb. 15 briefs at the Court of International Trade (Eregli Demir ve Celik Fabrikalari T.A.S. v. United States, CIT # 22-00349).
The Court of International Trade on Feb. 16 denied an importer and its owner's motion for reconsideration in a penalty case where they stand accused of customs fraud, as well as their bid to appeal a single issue in the case related to the date the alleged fraud was discovered (United States v. Greenlight Organic, CIT # 17-00031).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department stuck by its decision to apply a 10.54% adverse facts available countervailing duty rate to China's Export Buyer's Credit Program for respondent Yama Ribbons. Submitting its remand results to the Court of International Trade Feb. 15, Commerce said the CVD rate "does not unreasonably penalize Yama as a cooperative respondent" and using AFA was warranted given the Chinese government's failure to cooperate in the case (Yama Ribbons and Bows v. United States, CIT # 20-00059).
The Commerce Department has illegally "tripled down" on its use of "data tainted by foreign-government subsidies" in calculating constructed value in an antidumping duty case, respondent Oman Fasteners argued in its Feb. 13 opening brief at the U.S. Court of Appeals for the Federal Circuit. Despite the Federal Circuit's previous opinion remanding the use of a surrogate company's financial data over subsidy concerns, "Commerce jumped from the frying pan to the fire" and used a new proxy that also received government subsidies, the brief said (Mid Continent Steel & Wire v. U.S., Fed. Cir. # 23-1039).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: