Recent Court Cases on International Trade for March 19 - 24
The following Court of Appeals for the Federal Circuit and Court of International Trade cases on international trade issues were dated/decided during March 19 - 24, 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.
CAFC Affirms Classification of Metal Plates Coated with a Photosensitive Emulsion Under 3701.30.00
This appeal involved thin planned and grained aluminum sheets coated on one side with a photosensitive polymer layer used for offset lithographic printing. The CAFC affirmed the judgment of the CIT that the metal plates coated with a photosensitive emulsion were properly classified as photographic plates and film in the flat, sensitized, unexposed, of any material other than paper, paperboard or textiles other plates and film, under HTS subheading 3701.30.00. (Agfa Corp., vs. the U.S., 2007-1430, decided 03/24/08)
CIT Affirms ITC Determination in AD Case on Silicon Metal from Brazil
Globe Metallurgical challenged the International Trade Commission's second sunset review determination concerning the antidumping order on silicon metal from Brazil. The ITC concluded that the revocation of the AD duty order would not be likely to lead to a continuation or recurrence of material injury within a reasonable foreseeable time. The CIT affirmed the determination by the ITC and dismissed Globe's appeal. (Globe Metallurgical Inc., v. U.S. et. al., Slip Op. 08-33, dated 03/19/08)
CIT Dismisses Challenge in AD Case on Steel Concrete Reinforcing Bars from Turkey
A Turkish exporter, Ekinciler, challenged two aspects of an administrative review conducted by the International Trade Administration (ITA) on an outstanding AD duty order on certain steel concrete reinforcing bars from Turkey. Ekinciler alleged that the ITA incorrectly determined depreciation and incorrectly included a sale from a newly constructed plant. The CIT denied Ekinciler's motion for judgment and dismissed their appeal. (Ekinciler Demir Ve Celik Sanyi A.S. and Ekinciler Dis Tacaret A.S., v. U.S. et. al., Slip Op. 08-34, dated 03/20/08)
CAFC ruling on certain coated metal plates (Agfa Corp., vs. the U.S., 2007-1430, decided 03/24/08) available at http://www.cafc.uscourts.gov/opinions/07-1430.pdf
CIT silicon metal AD case (Globe Metallurgical Inc., v. U.S. et. al., Slip Op. 08-33, dated 03/19/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-33.pdf
CIT steel concrete reinforcing bars AD case (Ekinciler Demir Ve Celik Sanyi A.S. and Ekinciler Dis Tacaret A.S., v. U.S. et. al., Slip Op. 08-34, dated 03/20/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-34.pdf