The Court of International Trade in a confidential June 18 decision sustained parts and remanded parts of the Commerce Department's second review of the antidumping duty order on passenger vehicle and light truck tires from China. The court gave the parties until June 25 to review the confidential information in the decision (YC Rubber Co. (North America) v. U.S., CIT # 19-00069).
The Commerce Department ignored the rulings in past cases when it reached de facto and de jure specificity findings regarding two broadly used Korean government programs, a Korean steel exporter said in a motion for judgment June 17 (POSCO v. U.S., CIT # 24-00006).
On June 17, a convicted smuggler of dangerously bright vehicle headlights asked the Court of International Trade, on behalf of both himself and the U.S., for another three-month extension to continue negotiating the terms of a stipulated judgment in a customs penalty case (U.S. v. Chu-Chiang "Kevin" Ho, CIT # 19-00102).
Defending the Commerce Department’s continued denial on remand of a canned foods importer’s Section 232 requests (see 2404020047), the U.S. said that the importer can submit new requests if domestic producers really can’t meet that importer’s needs (Seneca Foods Corp. v. U.S., CIT # 22-00243).
After two remands by Court of International Trade Judge Jennifer Choe-Groves, the Commerce Department continued to sustain its use of Brazilian and Malaysian surrogate data in the final results of its 2019-2020 administrative review of the antidumping duty order on multilayered wood flooring from China, again assigning a plaintiff exporter a 16.17% AD margin (Jiangsu Senmao Bamboo and Wood Industry Co. v. U.S., CIT # 22-00190).
The U.S. Appeals Court for the D.C. Circuit scheduled oral argument for Sept. 16 at 9:30 a.m. on the two consolidated petitions for review challenging the constitutionality of the federal TikTok ban, said a clerk’s order June 17. TikTok and ByteDance challenge the ban on four constitutional grounds (see 2406070023). Their petition seeks a declaratory judgment that the ban violates the Constitution. It also seeks an order enjoining U.S. Attorney General Merrick Garland from enforcing it (TikTok v. Merrick Garland, D.C. Cir. # 24-1113).
Importer Vecoplan on June 17 dismissed one of its customs cases at the Court of International Trade regarding the classification of its grinding machines (Vecoplan v. United States, CIT # 20-00106).
The U.S. Court of Appeals for the 3rd Circuit on June 14 denied Albion Engineering Co.'s expedited motion to stay an injunction pending the appeal of Newborn Bros. Co.'s suit against Albion for unfair competition (Newborn Bros. Co. v. United States, 3rd Cir. # 24-1548).
The Court of International Trade in a confidential June 17 order sustained CBP's remand results in an aluminum extrusions antidumping and countervailing duty evasion case in which the agency dropped its finding that Global Aluminum and importer Hialeah Aluminum Supply evaded the order (see 2301100033) (H&E Home v. United States, CIT Consol. # 21-00337).
The U.S. Court of Appeals for the Federal Circuit on June 14 granted importer Diamond Tools Technology's voluntary dismissal of its Enforce and Protect Act appeal. The company took to the appellate court after it won its initial challenge to CBP's finding that it evaded the antidumping and countervailing duty orders on Chinese diamond sawblades but lost its application for attorney's fees (see 2307310021) (Diamond Tools Technology v. U.S., Fed. Cir. # 24-1882).