The following lawsuits were recently filed at the Court of International Trade:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Congress didn't give the Commerce Department authority to deviate from certain principles associated with anti-circumvention proceedings whenever it thinks the effectiveness of an AD/CVD measure has been threatened "by changes in manufacturing methods or supply chains," Solar cell exporter BYD (H.K.) Co. argued. Filing a reply brief last week with the Court of International Trade, BYD said Congress laid out only a "very limited number of specific manufacturing scenarios" that can be deemed "circumvention" (BYD (H.K.) Co. v. U.S., CIT # 23-00221).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department improperly found that exporter Balkrishna Industries didn't benefit from the Advanced Authorization Scheme in India as part of the 2022 review of the countervailing duty order on new pneumatic off-the-road tires from India, petitioner Titan Tire Corp. argued. Filing a complaint at the Court of International Trade on Dec. 20, Titan Tire said Commerce erred in accepting a "post hoc and incomplete examination" of the program performed by the Indian government (Titan Tire Corp. v. United States, CIT # 24-00207).
The Court of International Trade on Dec. 19 denied importer Lionshead Specialty Tire and Wheel's bid to amend a preliminary injunction in an antidumping duty and countervailing duty evasion case to not enjoin the liquidation of steel trailer wheels that the Commerce Department has found to fall outside the scope of the relevant AD/CVD orders. Judge Gary Katzmann held that Lionshead failed to "demonstrate changed circumstances that warrant the modification of the preliminary injunction."
The Court of International Trade on Dec. 20 sustained the Commerce Department's use of surrogate financial statements from Emirates Sleep Systems Private Limited in the antidumping duty investigation on mattresses from Vietnam, despite various objections from exporters led by Ashley Furniture Industries. Judge Timothy Reif said Commerce reasonably found the statements to be complete, publicly available and the best information available.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade in a pair of decisions sustained the Commerce Department's use of neutral facts available against respondent Shanghai Tainai Bearing Co. in the 33rd review of the antidumping duty order on tapered roller bearings from China and the agency's use of adverse facts available against the respondent in the AD order's 34th review. Judge Stephen Vaden said Commerce reasonably found in the 34th review that Tainai was aware of its unaffiliated suppliers' past non-cooperation but failed to work to the best of its ability to secure their cooperation.