A group of cabinet importers, led by ACProducts, filed a pair of complaints at the Court of International Trade on Sept. 16 contesting the Commerce Department's final scope rulings on wooden cabinets further processed in Vietnam and Malaysia. The six-count complaints contested Commerce's decision to open the inquiries and claimed that the scope rulings expanded the scope of the antidumping and countervailing duty orders on wooden cabinets from China beyond their plain-language scope to include "semi-finished components" (ACProducts v. United States, CIT #'s 24-00155, -00156).
The following lawsuit was recently filed at the Court of International Trade:
The U.S. District Court for the Eastern District of California on Sept. 13 dismissed a suit from three U.S.-based honey producers related to the alleged import of "fake" honey. Judge Daniel Calabretta held that the honey producers, led by Henry's Bullfrog Bees, failed to include sufficiently specific factual allegations to support their claims that the defendants -- honey importers and distributors -- engaged in fraud (Henry's Bullfrog Bees v. Sunland Trading, E.D. Cal. # 2:21-00582).
The U.S. and surety company Aegis Security Insurance Co. on Sept. 13 asked the Court of International Trade to use the items produced in discovery in a separate case involving both parties (U.S. v. Aegis Security Insurance Co., CIT # 22-00327).
Countervailing duty petitioner Nucor Corp. argued on Sept. 9 that the Commerce Department erred in reconsidering the alleged benefit conferred by debt-to-equity swap element of exporter KG Dongbu's debt restructuring program. Nucor said Commerce "has the inherent authority to reconsider its prior determinations, whether or not that reconsideration is based on specific types of new evidence on the record," making the decision to countervail the debt-to-equity swaps lawful, despite the agency having come to different conclusions in the past (KG Dongbu Steel Co. v. United States, CIT # 22-00047).
Antidumping duty petitioner Daikin America on Sept. 9 opposed the Commerce Department's remand results finding it wasn't feasible for respondent Gujarat Fluorochemicals to report its movement expenses on a transaction-specific basis. Daikin said the agency wrongfully said Gujarat's grade-based allocation was as specific as it could be and didn't cause "inaccuracies and distortions" (Daikin America v. United States, CIT # 22-00122).
U.S. seafood seller Luscious Seafood argued on Sept. 13 that the Commerce Department misinterpreted the statute when it found that the company didn't qualify as a bona fide wholesaler of the domestic like product. As a result of its finding, Commerce found Luscious' request for administrative review of the antidumping duty order on frozen fish fillets from Vietnam invalid (Luscious Seafood v. United States, CIT # 24-00069).
The EU General Court on Sept. 11 rejected the Russian National Settlement Depository's challenge to its listing on the Russian sanctions list. The court said that the European Council didn't fail to show that the depository, which provides financial services and securities record-keeping and custody services, plays an "essential role in the functioning of Russia's financial system."
The EU Court of Justice on Sept. 10 said the restriction on providing brokering services in relation to military equipment to parties in or for use in Russia applies even when the goods were never imported into an EU member state, according to an unofficial translation. The court said if this weren't the case, then the "prohibition could easily be circumvented" by shipping equipment on a route that didn't pass through EU territory.
The Court of International Trade on Sept. 12 dismissed a customs penalty suit against Greenlight Organic and its owner Parambir Singh "Sonny" Aulakh after the parties filed a joint stipulation of dismissal. The parties told the court a settlement was reached in the case, which was filed in 2017 to address an alleged misclassification scheme carried out by the defendants (see 2409090056) (United States v. Greenlight Organic, CIT # 17-00031).