A vehicle accessories exporter's products are “steps bars,” as demonstrated by their usual industry use, designs and marketing, not “side protective attachments,” as the exporter claims, the government said Feb. 16 at the Court of International Trade (Keystone Automotive Operations v. U.S., CIT # 21-00215).
Court of International Trade activity
CBP on Feb. 15 reversed its finding that importer Columbia Aluminum Products evaded the antidumping and countervailing duty orders on aluminum extrusions from China (Columbia Aluminum Products v. United States, CIT # 19-00185).
A U.S. motion to dismiss an importer's challenge of the way CBP handled liquidation after a prior disclosure amounts to a “mischaracterization” of its complaint, and the Court of International Trade also had jurisdiction over the case pursuant to the Customs Courts Act of 1980, the importer said (Larson-Juhl US v. U.S., CIT # 23-00032).
The Court of International Trade on Feb. 15 said companies that submit requests for administrative review in antidumping and countervailing duty proceedings can intervene as a matter of right at the Court of International Trade.
In Feb. 13 remand comments filed in the Court of International Trade, a domestic petitioner said that CIT erred in its ruling remanding a Moroccan phosphate fertilizer exporter’s CVD determination and that this forced the Commerce Department to incorrectly recalculate the exporter’s costs (The Mosaic Co. v. U.S., CIT # 21-00116).
Certain types of electrical conduit fittings imported from China are not subject to an antidumping duty order on certain malleable iron pipe fittings from that country, the Commerce Department said in a Feb. 8 scope ruling.
The Court of International Trade on Feb. 13 dismissed an antidumping duty case brought by exporter Oman Fasteners for lack of prosecution. Mario Toscano, clerk of the court, said that no complaint was filed "within the period" laid out by 19 U.S.C. 1516a, which says an interested party may file a summons and complaint within 30 days of a determination from the Commerce Department. Oman Fasteners brought the suit to contest the 2021-22 review of the antidumping duty order on steel nails from Oman in which it received a zero percent dumping margin. No separate lawsuit was filed by the petitioner in the review, Mid Continent Steel & Wire (Oman Fasteners v. United States, CIT # 24-00008).
The Court of International Trade on Feb. 15 rejected the U.S. government's opposition to a host of lumber importers and exporters' requests to intervene in an antidumping review challenge, siding with nearly 30 years of litigation practice in which non-individually selected companies participate in judicial review of AD/CVD cases. Judge Jennifer Choe-Groves said that a request for review in an AD/CVD proceeding is sufficient to justify intervention "as a matter of right" at the trade court, rejecting the government's claim that a party must submit factual information or written argument before Commerce to participate at CIT.
The Court of International Trade in a Feb. 8 opinion made public Feb. 13 remanded parts and sustained parts of the Commerce Department's antidumping duty investigation on thermal paper from Germany. Judge Gary Katzmann sustained Commerce's inclusion of exporter Koehler Paper's "Blue4est" paper product within the scope of the investigation, its coding of the dynamic sensitivity product characteristic and its application of price adjustments for some home market rebates.
The Court of International Trade in a Feb. 8 opinion made public Feb. 13 remanded some aspects of the Commerce Department's antidumping duty investigation on thermal paper from Germany. Judge Gary Katzmann sent back the coding of the static sensitivity product characteristic, classification of Koehler's accrued interest expenses as a cost of production and the use of the Cohen's d test to root out "masked" dumping, staying the case until the U.S. Court of Appeals for the Federal Circuit issues a decision in Stupp Corp. v. U.S. He sustained Commerce's inclusion of exporter Koehler Paper's "Blue4est" paper product within the scope of the investigation, the agency's coding of the dynamic sensitivity product characteristic and application of price adjustments for some home market rebates.