The U.S. sought a default judgment April 2 in its case against Cherish Your Health Food Inc., a Chinese fresh garlic exporter that the government said hadn’t paid antidumping duties on five entries (U.S. v. Cherish Your Health Food Inc., CIT # 23-00230).
Court of International Trade activity
NEW YORK -- In a marathon four-and-a-half hour oral argument session last week, Court of International Trade Judge Stephen Vaden sharply questioned the International Trade Commission's redaction process in an injury proceeding on phosphate fertilizers (OCP v. United States, CIT Consol. # 21-00219).
A number of consolidated plaintiffs moved for summary judgment April 1 on a second issue in a case opposing a scope inquiry and affirmative circumvention finding regarding the antidumping and countervailing duty orders on hardwood plywood from China (Shelter Forest International Acquisition v. U.S., CIT Consol. # 23-00144).
The Court of International Trade in a March 11 decision made public April 1 sent back the Commerce Department's departure from the expected method in setting the separate rate companies' rate in the 2016-17 review on the antidumping duty order on multilayered wood flooring from China.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 3 on AD/CVD proceedings:
The Court of International Trade on April 1 dismissed a customs suit from Blockstream Services USA for lack of prosecution. The suit was put in the customs case management calendar and not removed "at the expiration of the applicable period of time of removal." Blockstream Services brought the action to contest the classification of its cryptocurrency miners. CBP put the items under Harmonized Tariff Schedule subheading 8543.70.9960, dutiable at 2.6%, while the company argued for subheading 8471.50.0150, free of duty (Blockstream Services USA v. U.S., CIT # 22-00101).
The Court of International Trade in a March 11 decision made public April 1 sent back the Commerce Department's use of a simple average of a zero percent and an adverse facts available antidumping rate to set the separate AD rate in the 2016-17 review of the order on multilayered wood flooring from China. Judge Richard Eaton said that because Commerce had Sino-Maple (Jiangsu) Co.'s aggregate U.S. sales information, the lack of transaction-specific U.S. sales data for the exporter didn't support departing from the expected method, which requires a weighted average of the zero and AFA rates.
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade on April 1 granted the New Zealand government's motion to dissolve a preliminary injunction banning its fish exports in a challenge to the National Oceanic and Atmospheric Administration's 2020 findings that New Zealand's standards for its West Coast North Island inshore trawl and set net fisheries were comparable to U.S. regulations.