The U.S. on April 8 moved to dismiss a customs suit from importer UniChem Enterprises for lack of subject-matter jurisdiction. It said no protestable decision was made on the lone entry of 7-keto dehydroepiandrosterone (7-Keto DHEA) because the shipment is detained pending a decision by the Drug Enforcement Administration (UniChem Enterprises v. United States, CIT # 24-00033).
Court of International Trade activity
Chinese exporter Jilin Forest Industry Jinqiao Flooring Group Co. urged the U.S. Court of Appeals for the Federal Circuit to "re-visit and question" the Commerce Department's basis for its non-market economy policy in antidumping duty proceedings. The exporter noted that the policy "has reigned for over twenty years without serious legal challenge," arguing that the appellate court has never directly reckoned with the policy's legality and that it's "high time" for such a review (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade in a confidential April 8 order sustained in part and remanded in part the Commerce Department's final remand results in a suit about the 2018-19 antidumping duty review on welded carbon steel standard pipes and tubes from India. Judge Claire Kelly gave the parties until April 15 to review the opinion for confidential information, stating in a letter that she would like to issue the opinion publicly "on or shortly after" April 16. Exporter Garg Tube Export filed suit to contest Commerce's use of adverse facts available against the company after its unaffiliated input supplier failed to cooperate with the agency (see 2401220030) (Garg Tube Export v. United States, CIT # 21-00169).
On April 5, a Vietnamese steel pipe exporter sought to limit, and the U.S. opposed, domestic petitioners’ attempt to consolidate three of the exporter’s cases in the Court of International Trade (SeAH Steel VINA Corp. v. U.S., CIT # 23-00256, -00257, -00258).
The U.S. Court of Appeals for the Federal Circuit on April 8 dismissed importer Rimco's challenge of antidumping and countervailing duties on its steel wheel entries, for lack of subject-matter jurisdiction.
The Court of International Trade on April 8 upheld CBP's decision on remand that four importers didn't evade the antidumping and countervailing duty orders on hardwood plywood from China. Judge Mark Barnett said the decision will be upheld because because there's "no substantive challenge" to the remand.
The Court of International Trade on April 8 referred LE Commodities' challenge to 14 denied requests for exclusions from Section 232 steel and aluminum tariffs to mediation before Judge Leo Gordon. The order was penned by Judge M. Miller Baker, who gave the parties until July 8 to complete the mediation, unless Gordon "recommends an extension" (LE Commodities v. United States, CIT # 22-00245).
The U.S. on April 5 rejected an importer’s claim that, based on the legislation governing changed circumstances reviews, the Commerce Department may not begin any new antidumping or countervailing duty investigations on a product within two years of the prior one (Wabtec Corporation v. U.S., CIT # 23-00160, -00161).
The U.S. told the U.S. Court of Appeals for the Federal Circuit on April 5 that the Commerce Department properly countervailed the Port of Incheon program in South Korea. Filing a response to respondent Hyundai Steel Co., the government said that key Federal Circuit precedent -- AK Steel Corp. v. U.S. -- controls in this instance in that the agency wasn't required to consider Hyundai's construction costs in building the port (Hyundai Steel Co. v. U.S., Fed. Cir. # 24-1100).