A company challenging CBP's finding that it evaded antidumping and countervailing duties on xanthan gum should have its lawsuit tossed because it failed to appeal CBP's denial of its protest on the relevant entries, even though the importer filed its case under CIT's Section 1581(c) jurisdiction, which covers AD/CVD proceedings, the Department of Justice said in a Sept. 22 reply brief at the Court of International Trade (All One God Faith, Inc., et al. v. United States, CIT #20-00164).
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 Commerce Department violated the law when it decided not to undertake a scope inquiry upon the request of Zhejiang Yuhua Timber Co., A-Timber Flooring Company Limited and Mullican Flooring Co., the three companies said in a Sept. 17 complaint at the Court of International Trade (Zhejiang Yuhua Timber Co. Ltd., et al. v. United States, CIT #21-00502).
LG Electronics, and its U.S. affiliate, launched a case at the Court of International Trade against the International Trade Commission for freezing out certain members of its counsel from a safeguard extension proceeding on solar panels, in a Sept. 16 complaint. The ITC did not grant full access to proprietary information for all of LGE's legal team, from the firm Curtis Mallet-Prevost, due to the lawyers' roles in representing China in a dispute settlement case at the World Trade Organization (LG Electronics USA, Inc., et al. v. United States, CIT 21-00520).
The Court of International Trade said the Commerce Department had sufficient evidence in its changed circumstances review that found that the situation had not changed regarding countervailable subsidies for Argentina's biodiesel industry. Judge Gary Katzmann, in a Sept. 21 opinion, also held that Commerce, which originally found changed circumstances but later switched back to a finding of no changed circumstances, acted in accordance with the law.
The Commerce Department’s recent change in the scope of its antidumping and countervailing duty investigations on pentafluoroethane (R-125) from China to address administrability concerns was unnecessary, and the original scope was no different than the scopes of other orders that rely on the word of importers to determine whether merchandise is subject to AD/CV duties, said Honeywell International, petitioner in the investigation, in a brief filed Sept. 14.
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's decision to grant byproduct offsets for an antidumping review respondent's fish oil and fish meal exports was backed by sufficient evidence, the Court of International Trade said in a Sept. 20 order. Judge Jennifer Choe-Groves also ruled that Commerce's determination that the Global Trade Atlas' (GTA) data was the best available to calculate a surrogate value for the two byproducts was properly supported.
The Court of International Trade rejected an importer's bid for reconsideration of its challenge of the countervailing duty rate assessed on its tire imports. The court found for the second time that the importer lacked proper jurisdiction due to an untimely filed protest of a liquidation decision. “The lesson is both clear and stark: Don’t sit on your rights,” Judge Stephen Alexander Vaden said.