A World Trade Organization dispute panel found that certain elements of Australian antidumping and countervailing duty proceedings on wind towers, deep drawn stainless steel sinks and railway wheels from China violate WTO commitments. Issuing its findings March 26, the panel recommended that Australia bring its measures into conformity with the General Agreement on Tariffs and Trade 1994.
Three companies challenging the International Trade Commission's injury finding on Mexican and Chinese rail couplers responded to the ITC's and the petitioner's opposition to their motion to consolidate their cases, arguing that the "result is to sandbag Plaintiffs." Dubbing the ITC's opposition to the consolidation a "highly unusual move," the three companies -- Amsted Rail Co., Wabtec Corp. and Strato -- said that the opposition is "procedurally dubious" and "entirely meritless" (Amsted Rail Ind. v. U.S., CIT # 23-00268; Wabtec Corp. v. U.S., CIT # 23-00157; Strato v. United States, CIT # 23-00158).
Judge Mark Barnett of the Court of International Trade indicated in March 19 oral arguments that he is leaning toward remanding a case about the application of an adverse facts available rate to an exporter that missed an unusual 10 a.m. filing deadline by five hours (Cambria Co. v. U.S., CIT # 23-00007).
Importer Maple Leaf Marketing filed a stipulation of dismissal in its customs suit on the classification of boronized steel tubing. Before the dismissal, the case served as a forum for the government to argue that it could assert counterclaims in customs cases. The U.S. moved to redesignate its counterclaim as a defense, which the Court of International Trade granted after finding that nowhere in Congress' scheme on the classification of goods does the legislative body explicitly let the government assert a counterclaim challenging CBP's classification (see 2306140053). The original counterclaim said that the steel tubes, originally classified by CBP as duty-free U.S. goods returned after repairs, are subject to Section 301 tariffs and correctly classified as unfinished steel tubes (Maple Leaf Marketing v. United States, CIT # 20-03839).
A U.S. petitioner on March 18 again argued that a Dutch preserved mushrooms exporter “significantly impeded” a Commerce Department antidumping duty investigation and that the agency shouldn't have granted the exporter a de minimis AD rate (Giorgio Foods, Inc. v. U.S., CIT # 23-00133).
The U.S. District Court for the Western District of Washington dismissed a lawsuit from clothing company Smart Apparel (U.S.) that accused Nordstrom of breaching a contract when it canceled orders from Smart Apparel that were suspected of being made with forced labor (Smart Apparel (U.S.) v. Nordstrom, W.D. Wash. # 23-01754).
The D.C. U.S. District Court on March 11 dismissed a lawsuit from a senior Democratic Republic of Congo elections official challenging his sanctions designation, saying the listing wasn't "arbitrary or capricious" and that due process laws weren't violated.
CBP announced an Enforce and Protect Act investigation and said it has reasonable suspicion that Kings Marble and Granite, Musa Stone Import, and KMG Marble and Granite evaded the antidumping and countervailing duty orders on quartz surface products from China. The agency said this finding made the enactment of interim measures necessary.
The Customs Rulings Online Search System (CROSS) was updated March 15-18 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
Christopher Curran, litigation partner at White & Case, has joined a scope case at the U.S. Court of Appeals for the Federal Circuit on behalf of Japanese exporter Sigma Corp., according to a March 18 order from the appellate court. The suit was originally brought by manufacturer Vandewater International on whether its steel branch outlets fall within the scope of the antidumping duty order on butt-weld pipe fittings from China (see 2306020065). Curran joins trade lawyers Lucius Lau, Ron Kendler and Walter Spak in representing Sigma (Vandewater International v. U.S., Fed. Cir. # 23-1093).