The following lawsuit was filed recently at the Court of International Trade:

The U.S. and surety firm Aegis Security Insurance moved to stay the government's case against Aegis to collect unpaid duties on entries of garlic imported in 2002, pending the government's appeal of a separate case against Aegis. The case on appeal concerns the Court of International Trade's decision finding that its claim for unpaid duties against a surety company on an entry liquidated in 2009 violates both the statute of limitations for seeking payment and an implied requirement in the bond that demand for payment be made in a reasonable amount of time (see 2508080056). In the case the parties are looking to stay, Aegis said the six-year statute of limitations to file a claim for unpaid duties runs from the date of liquidation of the underlying entries (see 2507020029) (United States v. Aegis Security Insurance, CIT # 25-00051).

Garlic importer Green Garden Produce said in a reply brief Sept. 10 that the Commerce Department never determined its garlic chunks in citric acid were expressly excluded by the scope of an antidumping duty order, instead moving straight on to a circumvention inquiry under the assumption the chunks were implicitly out-of-scope (Green Garden Produce v. United States, CIT # 24-00114).

The Court of International Trade on Sept. 15 sustained the Commerce Department's decision on remand to replace existing Brazilian surrogate value information for antidumping duty respondent Jiangsu Senmao Bamboo and Wood Industry's plywood input with Malaysian import data. Judge Jennifer Choe-Groves upheld the move, which led to a slight drop in Senmao's AD rate to 14.35% from 16.17%, after no challenges to the remand results were received.

Saying that importer Lanxess’ chemicals were, on import, “intermediate components” rather than “supported catalysts,” the U.S. responded Sept. 12 to the importer’s motion for judgment with a cross motion (Lanxess Corporation v. United States, CIT # 23-00073).

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).