The Commerce Department wrongly called its own decision memoranda in other, similar proceedings “new factual information” that could be, and had been, “untimely raised,” a petitioner said in a July 22 brief -- six months after that petitioner relied on them in its own administrative filings (ArcelorMittal Tubular Products v. U.S., CIT # 24-00039).
The Commerce Department was right to use Brazilian, not Mexican, labor cost data when constructing a value for two Chinese exporters of stainless steel kegs, the U.S. said July 22 in response to defendant intervenors’ comments on the department’s results of a review after a third remand (New American Keg v. U.S., CIT # 20-00008).
CBP refused to explain why it denied a vehicle parts importer's protest after the agency liquidated its entry at a rate 78.55 percentage points higher than it had been assigned in a past antidumping duty review, the importer said in a July 23 complaint at the Court of International Trade (Strategic Import Supply v. U.S., CIT # 24-00124).
The Court of International Trade on July 23 said CBP didn't have the authority to extend an order from the court enjoining liquidation of various entries to imports entered by Acquisition 362, doing business as Strategic Import Supply. Judge Mark Barnett dismissed the case for lack of subject-matter jurisdiction, finding that because Acquisition 362 wasn't a party to a separate case challenging the antidumping duty rate assessed on the company's goods, it wasn't subject to the court's order suspending liquidation of various tire entries.
The Court of International Trade on July 23 dismissed a suit on CBP's liquidation of tire entries from importer Acquisition 362, doing business as Strategic Import Supply, for lack of subject-matter jurisdiction. The importer entered tires made by exporters Shandong Hengyu Science & Technology Co. and Shandong Wanda Boto Tyre Co., subject to a 64.57% AD rate. In a separate case, the trade court enjoined the liquidation of certain tire entries made by the two exporters but not imports from Acquisition 362 because it wasn't a party to the case. The importer said CBP illicitly failed to enjoin the liquidation of its entries. Judge Mark Barnett said CBP didn't make a "protestable decision" in liquidating Acquisition 362's goods and that the agency didn't have the authority to extend to the importer's entries based on the court's order in the separate case.
Industry players and a law professor argued that the International Trade Commission's power to stop imports that are found to be infringing on domestic patents has become a form of blackmail by foreign companies against domestic companies, and that its original reason for being is no longer true.
The U.S. on July 22 moved the Court of International Trade to dismiss Byungmin Chae's challenge to CBP's rejection of his appeal of a question on the April 2018 customs broker license exam. The Nebraska resident, who ultimately fell one question shy of a passing score, previously challenged his results on the exam, including to the U.S. Supreme Court, which denied rehearing (see 2401230031) (Byungmin Chae v. U.S., CIT # 24-00086).
The Court of International Trade in a confidential July 22 opinion remanded the Commerce Department's decision to continue using adverse facts available against countervailing duty respondent The Ancientree Cabinet Co. related to its alleged receipt of benefits under China's Export Buyer's Credit Program. Judge Richard Eaton said he intends to issue a public version of the decision "in the near future," giving the parties until July 29 to review the opinion for confidential information (Dalian Meisen Woodworking Co. v. U.S., CIT # 20-00110).
U.S. solar cell company Auxin Solar and solar module designer Concept Clean Energy argued on July 22 that Section 318(a) of the Trade Act of 1930 didn't permit the Commerce Department to pause antidumping and countervailing duties on solar cells and modules from four Southeast Asian countries found to be circumventing the AD/CVD orders on these products from China (Auxin Solar v. United States, CIT # 23-00274).
In a pair of opinions published July 22, Court of International Trade Judge Timothy Reif granted motions from defendant-intervenors (see 2305190068) and the International Trade Commission (see 2309010004) to dismiss two cases brought by Turkish steel exporter Eregli Demir ve Celik Fabrikalari regarding the same sunset review of an antidumping duty order on hot-rolled steel flat products from Turkey.