The Commerce Department repeatedly relied on an analysis in several administrative reviews that the courts had already struck down, an exporter of Indian carbon steel welded pipe said in a Jan.19 brief responding to comments made by DOJ and domestic petitioners regarding its own motion for summary judgment (Garg Tube Export v. U.S., CIT # 21-00169).
An importer’s duty drawback claim was not automatically liquidated after one year because that importer failed to file the necessary paperwork, as the entries its drawback claim was made on had liquidated but not “become final,” the U.S. said Jan. 19 in response to comments on its motion for summary judgment (Performance Additives v. U.S., CIT # 22-00044).
An antidumping and countervailing duty petitioner on Jan. 19 filed its opening brief in an appeal of the Court of International Trade’s September ruling that the Commerce Department correctly excluded an importer’s shelf dividers from AD/CVD orders on flexible magnets from China (Magnum Magnetics Corp. v. U.S., Fed. Cir. # 24-1164).
CBP illegally liquidated an importer’s entries before litigation over the entries’ antidumping duty rate had finished, that importer alleged in the Court of International Trade (Acquisition 362 dba Strategic Import Supply vs. U.S., CIT 24-00011).
The Court of International Trade on Jan. 19 granted a joint motion that results in duty-free treatment for swimsuits reimported by SGS Sports under Harmonized Tariff Schedule subheading 9801.00.20. The ruling avoids a bench trial over whether the swimsuits qualify for the subheading as U.S. goods returned to the country.
CBP released a remand determination Jan. 18 reaffirming that three importers -- Newtrend USA, Starille and Nutrawave -- attempted to evade antidumping and countervailing duty orders on Chinese glycine (Newtrend USA v. U.S., CIT # 22-00347).
The Commerce Department’s use of Turkish lira, not U.S. dollars, to calculate home market sales was contrary to record evidence that a Turkish exporter used the latter currency in its price negotiations, invoices and records, the exporter said on appeal (Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. U.S., Fed. Cir. # 24-1158).
Apple likely will stop selling watches that contain pulse oximeters, at least for now, after a Jan. 17 court order made clear that a stay on those watches’ Section 337 import ban would end the next day (Apple v. International Trade Commission, Fed. Cir. # 24-1285).
New questionnaire responses showed it was a common domestic practice to reship surplus merchandise accidentally ordered to flooded markets, the International Trade Commission said as it continued to find on remand that Moroccan and Russian phosphate fertilizer had depressed U.S. fertilizer prices and harmed U.S. industry (OCP v. U.S., CIT Consol. # 21-00219).
A case brought by Teknik Aluminyum Sanayi A.S., a Turkish common alloy aluminum sheet exporter, was dismissed Jan. 17 for lack of prosecution after the company filed a summons Dec. 13 (see 2312140060). Teknik had intended to contest parts of the Commerce Department’s 2020-2021 review of the antidumping duty order on its products, the summons said (Teknik Aluminyum Sanayi v. U.S., CIT # 23-00265).