Recent Court Cases on International Trade for January 31 - February 5
The following Court of International Trade cases on international trade issues were decided during January 31 - February 5, 2008:
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Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
CIT Accepts ITC Determination in AD Case on Orange Juice from Brazil
Tropicana Products, Inc. challenged the material injury determination made by the International Trade Commission with respect to imports of orange juice from Brazil. Based on two remands, the CIT in this antidumping case affirmed the ITC's final determination that the domestic orange juice industry was materially injured by reason of imports of orange juice from Brazil.
In CV Case, CIT Sustains ITA Determination of Benefit Calculation for Thailand Steel Industry
The Royal Thai Government challenged the International Trade Administration's use of a 1% reduced tariff rate as its benefit calculation benchmark. By using this benchmark, the ITA had determined that the duty exemption programs provided net subsidy rates of 0.58% and 0.07% for the Thailand's Steel Industry. On remand from the Court of Appeals for the Federal Circuit, the CIT sustained the determination by the ITA that the 1% reduced tariff rate was an appropriate benefit calculation benchmark.
CIT Rejects Chinese Exporter's Claim in AD Case on Preserved Mushrooms from China
China Processed Food Import & Export Company (COFCO) challenged the antidumping duty margin determination made by the ITA in its fourth and final administrative review on certain preserved mushrooms from China. The ITA concluded that COFCO and its affiliated producers and exporters should be treated as a single entity and determined that the antidumping duty margin was 3.92%. The CIT denied COFCO's motion to overturn the determination.
CIT ruling on orange juice from Brazil (Tropicana Products, Inc., et. al., v. U.S. et. al., Slip Op. 08-17, dated 02/05/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-17.pdf
CIT ruling on benefit calculation for Thailand Steel Industry (Royal Thai Government, et. al. v. U.S. et. al., Slip Op. 08-15, dated 01/31/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-15.pdf
CIT case on preserved mushrooms (China Processed Food Import & Export Company, v. U.S. et. al., Slip Op. 08-16, dated 01/31/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-16.pdf