The following lawsuits were filed recently at the Court of International Trade:
Exporters Agro Sevilla Aceitunas S. Coop. and Angel Camacho Alimentacion on Sept. 12 dropped their case at the Court of International Trade against the Commerce Department's 2022-23 administrative review of the antidumping duty order on ripe olives from Spain. Counsel for the companies didn't respond to a request for comment (Agro Sevilla Aceitunas S. Coop. v. United States, CIT # 25-00153).
Tire exporter Bridgestone, seeking judgment in its case challenging use of total adverse facts available in a Thai tires antidumping duty investigation, said Sept. 5 that the Commerce Department “repeatedly denied” the existence of provably reliable documents Bridgestone provided it at verification and then made “questionable representations” to the Court of International Trade (see 2503200048) (Bridgestone Americas Tire Operations v. United States, CIT # 24-00263).
Antidumping duty respondent Jiangxi Brother Pharmaceutical on Sept. 11 filed a complaint at the Court of International Trade to contest the Commerce Department's antidumping duty investigation on vanillin from China. The respondent challenged Commerce's "calculation of the surrogate value for the by-product Hydroquinone," selection of the financial statements used as the basis for the financial ratios used in the surrogate value calculation, and the use of the Cohen's d test to detect "masked" dumping (Jiangxi Brother Pharmaceutical Co. v. United States, CIT # 25-00187).
The Court of International Trade sustained CBP's finding that importer Scioto Valley Woodworking evaded the antidumping duty and countervailing duty orders on wooden cabinets and vanities from China, in a confidential decision issued Sept. 12. Judge Lisa Wang said the evasion finding, which CBP flipped on remand, is supported by "substantial evidence and complies with the court's instructions" (American Kitchen Cabinet Alliance v. United States, CIT # 23-00140).
The following lawsuits were filed recently at the Court of International Trade:
The International Trade Commission provided "impermissible post hoc rationalizations" for its determination of a lack of adverse price effects on glass wine bottles from China, the U.S. Glass Producers Coalition argued in a Sept. 8 reply brief at the Court of International Trade. The coalition argued that the commission failed to "fully engage" with the petitioner's arguments regarding "contemporaneous business documentation and lost sales" and doubled down on its "illogical determinations as to price suppression and the effects of an inventory overhang in the market" (U.S. Glass Producers Coalition v. United States, CIT # 24-00199).
Exporter Zhejiang Dingli Machinery challenged the Commerce Department's decisions made on remand to use Maersk data to value ocean freight and value minor fabricated components using Harmonized Tariff Schedule subheading 8431.20.90 data. Filing a response to the agency's remand results in a case on the antidumping duty investigation on mobile access equipment from China, Dingli said the Maersk price quotes are unreliable and that the agency strayed from its normal practice in picking the data for subheading 8431.20.90 (Coalition of American Manufacturers of Mobile Access Equipment v. United States, CIT # 22-00152).
The U.S. defended Sept. 9 the Commerce Department’s flipped position, on a second remand, regarding the application of antidumping and countervailing duties to exporter Elysium Tiles’ composite tiles (Elysium Tiles v. United States, CIT # 23-00041).
The Court of International Trade set aside its previous dismissal for lack of prosecution of importer Warby Parker's case on the applicability of Section 301 exclusions to its glasses frames and lenses. Judge Timothy Reif agreed to restore the case to the customs case management calendar and extend the time for the case to remain on the calendar for another six months (Warby Parker v. United States, CIT # 23-00042).