The following lawsuit was filed recently at the Court of International Trade:
The U.S. will appeal a January Court of International Trade decision upholding the International Trade Commission's affirmative injury finding on mattresses from a host of countries. The government will take the case to the U.S. Court of Appeals for the Federal Circuit, where it likely will be consolidated with exporter CVB's appeal of the same decision (see 2402160027). In its decision, the trade court found errors in the ITC's assessment of whether the market industry is segmented, but it still sustained the affirmative injury finding due to the "harmless error" principle (see 2312200070) (CVB v. U.S., CIT # 21-00288).
U.S. importer CVB filed a complaint March 8 at the Court of International Trade claiming that the Commerce Department wrongly excluded importer Zinus' metal and wood platform beds from the antidumping duty order on wooden bedroom furniture from China (CVB v. U.S., CIT # 24-00036).
The Court of International Trade in an opinion made public March 8 sent back the Commerce Department's model matching methodology in the antidumping duty investigation on superabsorbent polymers (SAP) from South Korea. Judge Thomas Aquilino said that the agency didn't justify the methodology with sufficient evidence and that it used unverified data from exporter LG Chem while also failing to address evidence from the AD petitioner that the methodology allowed for LG Chem to manipulate its AD margin.
The European General Court in a pair of decisions on March 6 rejected challenges to the EU's restrictions on wood and iron and steel products from Belarus. The court, in virtually identical opinions, rejected a trio of claims from Belarusian wood company AAT Mostovdrev and iron and steel company AAT Byelorussian Steel Works challenging the European Council's reasons for imposing the restrictions and infringement of the right to "effective judicial protection," alleged failure to observe the "principle of equal treatment," and imposition of measures disproportionately affecting the wood and iron and steel industries.
A federal grand jury indicted Chinese national Linwei Ding, also known as Leon Ding, for allegedly stealing trade secrets on artificial intelligence technology from Google, DOJ announced March 6. Ding, who was residing in California, purportedly transferred the trade secrets from "Google's network to his personal account while secretly affiliating himself with" Chinese companies in the AI industry.
Exporters Juancheng Kangtai Chemical Co. and Heze Huayi Chemical Co. filed a complaint on March 6 at the Court of International Trade to contest the Commerce Department's consideration of Romania as a surrogate country in the 2021-22 review of the antidumping duty order on chlorinated isocyanurates from China (Juancheng Kangtai Chemical Co. v. United States, CIT # 24-00026).
Judges at the U.S. Court of Appeals for the Federal Circuit during a March 7 oral argument prodded various statutory interpretations of U.S. countervailing duty law as it pertains to finding whether demand for a good is "substantially dependent" on an upstream product for purposes of assigning countervailing duties. If substantial dependence is established, Commerce may attribute subsidies to a raw agricultural grower to a later stage producer.
The U.S. Court of Appeals for the Federal Circuit on March 7 said that importer RKW Klerks' net wraps products, used in a machine to bale harvested crops, are not "parts" of harvesting machinery under the Harmonized Tariff Schedule. Judges Richard Taranto, Raymond Chen and Tiffany Cunningham thus sided with CBP's classification of the products as "warp knit fabric," dutiable at 10% under HTS subheading 6005.39.00.
Cleveland-Cliffs steel company and the United Steelworkers (USW) labor union criticized U.S. Steel for failing to participate in an injury proceeding before the International Trade Commission on tin mill products from eight countries, which ended without the imposition of antidumping and countervailing duties (see 2402060063). Cleveland-Cliffs and USW said the decision will lead to "the continuation of widespread unfair trade practices in the tin mill products market."