A company must be able to prove that prices weren't distorted for transactions involving non-market economies (NMEs) when claiming first sale treatment, the Department of Justice said in an April 29 Court of International Trade filing (Imperia Trading, Inc. v. U.S., CIT # 15-00142). DOJ's argument relies on a recent CIT decision involving imported Meyer cookware that said the involvement of Chinese companies made it difficult to determine whether a transaction is affected by non-market influence (see 2104200075). DOJ made the filing as part of a dispute over whether Imperia Trading, an importer of apparel made in China, can use the sale from a Hong Kong middleman company for appraisement.

The U.S. Court of Appeals for the Federal Circuit recently upheld a lower court decision that found the Commerce Department correctly applied adverse facts available to a Mexican exporter after it submitted corrected cost data without adequate information in an antidumping duty administrative review.

Chief Judge Mark Barnett of the Court of International Trade signed an administrative order April 28 that will automatically stay any new complaints filed in the massive Section 301 litigation before they are assigned to the three-judge panel he shares with Judges Claire Kelly and Jennifer Choe-Groves. Any lawyer seeking to lift the stay of a new Section 301 case must first consult with the plaintiffs' steering committee at least three days before filing a motion and must show “good cause” for the exemption, the order said.

Five aluminum extrusion importers evaded antidumping and countervailing duties on goods from China by commingling shipments in the Dominican Republic, CBP said in a Jan. 28 determination notice posted by the agency April 27. The finding is a result of an investigation that began following a 2019 allegation from the Aluminum Extrusions Fair Trade Committee (AEFTC) that the companies were evading AD/CV orders A-570-967 and C-570-968. The importers are Florida Aluminum Extrusion, Classic Metals Supplies, Global Aluminum Inc., H&E Home, Industrias Feliciano Aluminum Inc. JL Trading Corp. and Puertas y Ventanas J.M., Inc.

Court of International Trade Chief Judge Mark Barnett suggested during an April 26 status conference that an automatic stay could be in order for all cases challenging Lists 3 and 4A of the Section 301 tariffs that are unassigned to the three-judge panel. The government defense and the 15-member steering committee representing the plaintiffs did not object. Under Barnett's suggested order, all new cases without assignment to the panel would automatically be stayed and would follow comparable procedures to other cases under the HMTX Industries and Jasco Products test case to lift the stay.

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Steel importer Norca Industrial Company filed a challenge to an affirmative Enforce and Protect Act determination, claiming that CBP did not have a legal basis to initiate the investigation and violated its due process rights. In an April 27 complaint in the Court of International Trade, Norca made six claims against its EAPA investigation, including on the constitutionality of the process and whether CBP unfairly made adverse inferences against the company to determine that evasion took place (Norca Industrial Company LLC v. U.S., CIT # 21-00192).

The U.S. Court of Appeals for the Federal Circuit on April 26 upheld a recent lower court ruling that found an active pharmaceutical ingredient imported by Janssen Ortho eligible for duty-free treatment. In line with a February 2020 Court of International Trade decision, the Federal Circuit found darunavir ethanolate, the active ingredient in a Janssen HIV medication, is encompassed by a listing in the tariff schedule's Pharmaceutical Appendix for darunavir.

The government’s response is due May 14 to Akin Gump’s motion April 23 on behalf of Section 301 sample case plaintiffs HMTX Industries and Jasco Products for a “protective preliminary injunction” freezing the liquidation of unliquidated customs entries from China with lists 3 and 4A tariff exposure unless DOJ agrees to a stipulation that refund relief would be available to the importers if they prevail in the litigation (see 2104230069). Akin Gump asked for the opportunity to file a reply brief “no longer than half the length” of DOJ’s May 14 response, and offered to voluntarily withdraw the motion if the government dropped its opposition and agreed to the refund stipulation.

Plaintiffs HMTX Industries and Jasco Products in the massive Section 301 litigation’s sample case moved April 23 in the U.S. Court of International Trade for a “protective preliminary injunction” to suspend liquidation of all unliquidated customs entries imported from China with Lists 3 and 4A tariff exposure. The Akin Gump motion on behalf of HMTX-Jasco came days before the court’s three-judge panel convenes a status conference in which plaintiffs are expected to air their demands for stipulated refunds of all liquidated entries if they prevail in the litigation.