Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Court of International Trade on March 11 sustained the Commerce Department's remand results excluding importer Crane Resistoflex's ductile iron lap joint flanges from the antidumping duty order on pipe fittings from China. Judge Timothy Stanceu upheld the decision as now being in a form the court could sustain, after previously finding it to not be, and as being backed by substantial evidence due to the agency's consideration of a host of (k)(1) factors.
Ford Motor Company agreed to pay $365 million to settle allegations that it knowingly undervalued hundreds of thousands of cargo vans, DOJ announced. The settlement comes five years after the U.S. Court of Appeals for the Federal Circuit ruled that CBP properly classified Ford's Transit Connect vehicles as cargo vans, dutiable at 25%, and not as passenger vans, dutiable at 2.5%.
In oral arguments March 7, Court of International Trade Judge Timothy Reif heard the government’s and exporters’ arguments in a case regarding an administrative review on multilayered wood flooring from China. The review’s final results were based on the calculated rate of only one respondent after it was discovered selection of the other was based on an error by the Commerce Department (Jiangsu Senmao Bamboo and Wood Industry Co. v. U.S., CIT # 20-03885).
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.
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.
The Court of International Trade last week ordered a hearing in a countervailing duty injury case on whether any party violated the court's rules regarding the bracketing of confidential information, suggesting that Rule 11 sanctions were on the table.
The Court of International Trade on March 6 sustained the Commerce Department's fourth remand results excluding Star Pipe Products' ductile iron flanges from the antidumping duty order on cast iron pipe fittings from China.
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.