The Commerce Department is barred by law from beginning any new antidumping duty investigations less than two years after it completed an AD investigation on the same product, an importer argued Jan. 22 in the Court of International Trade (Wabtec Corporation v. U.S., CIT # 23-00160).
Court of International Trade activity
The Court of International Trade on Jan. 23 sustained the Commerce Department's finding that oil piping from Brunei and the Philippines circumvented the antidumping and countervailing duty orders on oil country tubular goods from China.
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A South Korean aluminum foil importer filed suit at the Court of International Trade against an anti-circumvention inquiry that found multiple importers attempted to avoid antidumping duties on Chinese aluminum foil using intermediaries in South Korea (Hanon Systems Alabama v. U.S., CIT # 23-00269).
Importer Hanon Systems Alabama dismissed at the Court of International Trade on Jan. 22 its lawsuit challenging the Commerce Department's finding that it's circumventing the antidumping and countervailing duty orders on aluminum foil from China by way of South Korea and Thailand (Hanon Systems Alabama Corp. v. United States, CIT # 23-00269).
The Court of International Trade on Jan. 23 denied a U.S. request for a voluntary remand to reconsider due process issues in an Enforce and Protect Act case involving cast iron soil pipe imports by Phoenix Metal, in light of the U.S. Court of Appeals for the Federal Circuit's ruling in Royal Brush Manufacturing v. U.S.
No trade-related lawsuits were recently filed at the Court of International Trade.
The U.S. moved to dismiss a complaint from solar cell maker Auxin Solar and solar module designer Concept Clean Energy at the Court of International Trade challenging the Commerce Department's pause of antidumping and countervailing duties on solar cells and modules from Southeast Asian countries found to be circumventing the AD/CVD orders on these goods from China (Auxin Solar v. United States, CIT # 23-00274).
The U.S. Supreme Court on Jan. 22 denied Nebraska resident Byungmin Chae's petition for a rehearing of his petition for writ of certiorari seeking review of a question on his 2018 customs broker license exam. The decision marks the end of his legal remedies -- a process that saw Chae, mostly representing himself, take the case through multiple rounds of appeal at CBP, the Court of International Trade, the U.S. Court of Appeals for the Federal Circuit and the Supreme Court (Byungmin Chae v. Janet Yellen, U.S. Sup. Ct. # 23-200).
The U.S. Court of Appeals for the Federal Circuit on Jan. 22 issued its mandate in a pair of cases seeking to retroactively apply Section 301 tariff exclusions. In the suits, the appellate court sustained the dismissal of the cases for a lack of subject matter jurisdiction, finding that a protest must have been filed with CBP to properly effectuate relief. The Court of International Trade initially said jurisdiction was not to be had under Section 1581(i), the court's "residual" jurisdiction, since the court would have had jurisdiction under Section 1581(a) had a protest been filed (see 2209060035). The Federal Circuit affirmed, finding that the true nature of the suits contests CBP's assessment of the duties and not the U.S. Trade Representative's decision to grant an exclusion, even though the exclusions were granted after the deadline for filing a protest had lapsed (ARP Materials v. United States, Fed. Cir. # 21-2176) (The Harrison Steel Castings Co. v. United States, Fed. Cir. # 21-2177).