Pencil importer Royal Brush Manufacturing was required to file protests before it could challenge CBP's allegedly improper liquidations under an Enforce and Protect Act antidumping duty evasion investigation, the Court of International Trade ruled on Dec. 15. Dismissing the company's case for lack of jurisdiction, Judge Mark Barnett echoed the U.S. Court of Appeals for the Federal Circuit's ruling in Juice Farms v. U.S. in ruling that "all liquidations, whether legal or not, are subject to the timely protest requirement."
The Commerce Department published notices in the Federal Register Dec. 18 on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms or effective dates will be detailed in another ITT article):
The Commerce Department has released a correction to the final results of the antidumping duty administrative review on polyethylene film, sheet and strip from India (A-533-824) covering subject merchandise entered July 1, 2017, through June 30, 2018, published in the March 16, 2020, Federal Register.
The Commerce Department is setting new countervailing duty cash deposit requirements for imports of pea protein from China (C-570-155) after finding illegal subsidization of Chinese producers in the preliminary determination of its CVD investigation. Suspension of liquidation and cash deposit requirements take retroactive effect as of Sept. 19, 2023, due to Commerce's finding of critical circumstances for all Chinese companies.
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 18 on AD/CVD proceedings:
Days after the U.S. Supreme Court denied Robert F. Kennedy Jr.’s motion to intervene in Missouri v. Biden (see 2312110052), U.S. District Judge Terry Doughty for Western Louisiana in Monroe said in a signed order Wednesday (docket 3:22-cv-01213) that he’s now “inclined” to issue a ruling on Kennedy’s April 12 motion for a preliminary injunction enjoining Biden administration officials from conversing with social media companies about censoring Kennedy’s protected speech. Doughty, who issued the July 4 injunction against administration officials that’s now before SCOTUS, previously stayed Kennedy’s injunction motion until after SCOTUS resolves Missouri v. Biden. In light of Doughty's consolidating Kennedy’s case with Missouri v. Biden July 24, it’s “unclear” whether that consolidation “interferes with the court’s jurisdiction” over Kennedy’s injunction motion, said the order. Doughty ordered the parties to submit briefs on whether he can issue a ruling on the injunction, despite the related case being before SCOTUS. The government’s brief will be due Dec. 20. The plaintiffs in Missouri v. Biden, including the Republican attorneys general of Missouri and Louisiana, will respond seven days later, said the order. Justice Samuel Alito, in dissenting from the SCOTUS decision denying Kennedy's motion to intervene, specifically cited as grounds for his dissent that Kennedy's motion for an injunction was "stuck" in the district court and likely won't be decided until June. Denying Kennedy's motion to intervene in Missouri v. Biden will cause Kennedy "irreparable harm" because censorship of his protected speech on social media would prevent him for months from communicating with voters during his independent run for president, said Alito.
Pencil importer Royal Brush Manufacturing was required to file protests before it could challenge CBP's allegedly improper liquidations under an Enforce and Protect Act antidumping duty evasion investigation, the Court of International Trade ruled on Dec. 15. Dismissing the company's case for lack of jurisdiction, Judge Mark Barnett echoed the U.S. Court of Appeals for the Federal Circuit's ruling in Juice Farms v. U.S. in ruling that "all liquidations, whether legal or not, are subject to the timely protest requirement."
U.S. District Judge Edward Davila for Northern California in San Jose entered judgment in favor of Meta and against the FTC under Federal Rule of Civil Procedure 58, said the judge’s signed order Wednesday (docket 5:22-cv-04325). The judgment stem from Davila's Jan. 31 denial of the FTC’s motion for a preliminary injunction to block Meta’s Within Unlimited buy (see 2302010003). He ordered the clerk to close the case file.
Correction: The Commerce Department imposed antidumping duty cash requirements on entries of brass rod from Brazil, India, Mexico, South Korea and South Africa beginning on Dec. 1, the publication date of the agency’s preliminary determinations in the Federal Register (see 2311300048).
The Commerce Department issued its final determination in the countervailing duty investigation on brass rod from India (C-533-916). Changes to cash deposit rates set in this final determination take effect Dec. 18, the date these results are set to be published in the Federal Register.