The Court of International Trade sided with the government in a customs case on food producer BASF Corporation's Betatene, in a confidential Aug. 13 decision. Judge Lisa Wang gave parties until Aug. 29 to review the confidential information in the decision, saying she plans to issue a public version of the decision on or before Sept. 12. The U.S. argued that the Betatene, which is formulated from beta-carotene, is a dietary supplement under Harmonized Tariff Schedule heading 2106 (see 2501150089). BASF argued that the goods should have been classified under heading 2936 as a "general-use 'provitamin'" (BASF Corporation v. U.S., CIT Consol. # 12-00422).
The five importers challenging the legality of President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act said there's "no basis" for the claim that there's "no substitute" for the IEEPA tariffs and recent trade deals Trump has made (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1813)
Target General Merchandise's string light models are properly classified under Harmonized Tariff Schedule heading 9405 as lamps with a "permanently fixed light source" not specified elsewhere in the tariff schedule and not under heading 8543 as parts of electrical machines having individual functions not specified elsewhere in the chapter, the Court of International Trade held on Aug. 13. Judge Lisa Wang ruled that Target's seven models of string lights specifically fall under subheading 9405.30.00 as lighting sets "of a kind used for Christmas trees.”
The Court of International Trade on Aug. 11 upheld the Commerce Department's 2021-22 administrative review of the antidumping duty order on crystalline silicon photovoltaic cells from China in a confidential decision. Judge Mark Barnett gave the parties until Aug. 18 to review the confidential information in the decision. In the case, exporter Yingli Energy argued that the trade court should strike down the Commerce Department's ordinary presumption that exporters in non-market economies are under foreign government control, urging the court to undertake a Loper Bright analysis of the AD statute (see 2506050001) (Yingli Energy (China) Co. v. U.S, CIT # 24-00131).
The Court of International Trade on Aug. 12 sent back the Commerce Department's 2021 administrative review of the countervailing duty order on cut-to-length carbon-quality steel plate from South Korea in a confidential decision. Judge Claire Kelly gave the parties until Aug. 18 to review the confidential information in the decision. The suit was brought by exporter Hyundai Steel to contest Commerce's specificity finding regarding the provision of subsidized electricity (see 2505270004). Kelly previously remanded the review after finding that the agency didn't provide a "rational basis" for its de facto specificity finding (see 2412170041). Commerce initially said the Korean steel industry was one of four apparently unrelated industries out of 10 that, together, were the four biggest users of the off-peak electricity program. On remand, the agency switched its grouping to only three industries (Hyundai Steel Co. v. U.S, CIT # 23-00211).
The Commerce Department on Aug. 11 clarified the basis it used for applying adverse facts available against respondent Saha Thai Steel Pipe in the 2020-21 administrative review of the antidumping duty order on circular welded carbon and steel pipes and tubes from Thailand. Submitting its remand results to the Court of International Trade, Commerce said it reconsidered Saha Thai and BNK Steel Co.'s affiliation status and found that the two are affiliated based on AFA (Saha Thai Steel Pipe Public Co. v. U.S., CIT # 21-00627).
The Court of International Trade on Aug. 12 sustained the Commerce Department's selection of a surrogate financial statement and use of respondent Siam Metal Tech Co.'s invoice date as the date of sale for the respondent's U.S. sales in an antidumping duty proceeding. Sustaining the AD investigation on boltless steel shelving units prepackaged for sale from Thailand, Judge Mark Barnett also upheld the agency's reliance on respondents Bangkok Sheet Metal Public Co.'s and Siam Metal's actual costs that are recorded in their financial accounting systems for the total cost of manufacturing.
The Commerce Department properly included importer Valeo North America's T-series aluminum sheet in the scope of the antidumping duty and countervailing duty orders on common alloy aluminum sheet from China, the U.S. Court of Appeals for the Federal Circuit held on Aug. 12. Judges Richard Taranto, Todd Hughes and Kara Stoll disagreed with the importer as to the ambiguity in the orders' scope and on whether its aluminum sheet falls outside the orders' scope, since it's heat-treated.
Brazil requested dispute consultations with the U.S. at the World Trade Organization on Aug. 11 regarding the 50% tariffs that President Donald Trump recently imposed on Brazilian goods. Brazil said the measures are inconsistent with U.S. obligations under Articles I and II of the General Agreement on Tariffs and Trade (GATT) 1994 and Articles 23.1 and 23.2 of the Dispute Settlement Understanding (DSU).
The U.S. filed a motion for default judgment at the Court of International Trade on Aug. 10 against importer Rago Tires, seeking $56,435.48 for gross negligence in classifying its tires as not subject to antidumping duties and countervailing duties (United States v. Rago Tires, CIT # 24-00043).