The government's interpretation of the antidumping and countervailing duty orders on drawn stainless steel sinks from China would lead to "absurd" results and would plainly expand the scope of the orders to out-of-scope items, importer R.H. Peterson told the Court of International Trade on Oct. 29 in a reply brief (R.H. Peterson v. United States, CIT # 20-00099).
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
The Commerce Department announced that it increased the antidumping margin for a mandatory respondent and nonselected respondents in remand results of a review on mobile access equipment from China after recalculating costs for accuracy. The mandatory respondent’s rate rose from 31.7% to 37.2%, while the nonselected respondents’ rose from 51.83% to 56.5% (Coalition of American Manufacturers of Mobile Access Equipment v. U.S., CIT Consol. # 22-00152).
The Court of International Trade issued a confidential decision on Oct. 31 remanding in part and sustaining in part CBP's finding that importer Scioto Valley Woodworking wasn't evading antidumping and countervailing duties on wooden cabinets from China. Judge Lisa Wang gave the parties until Dec. 2 to review the decision for confidential information. Petitioner American Kitchen Cabinet Alliance brought the suit to ask whether CBP's Office of Rulings and Regulations can reverse evidence-based evasion findings made by CBP's Trade Remedy Law Enforcement Directorate (see 2403120038) (American Kitchen Cabinet Alliance v. U.S., CIT # 23-00140).
Swiss watch importer Ildico’s tariff classification case was dismissed Nov. 1 by Court of International Trade Judge Jane Restani. Looking at the common definition of the term “watch glass” -- using both British and American English dictionaries -- she determined that watch glasses on the backs of watches are part of the cases, so the synthetic crystal glass on the backs of the subject merchandise means their cases aren’t made wholly of precious metal. As a result, the judge found that the watches should be classified under Harmonized Tariff Schedule heading 9102 for watches with cases made of materials other than precious metals, the heading preferred by the government, rejecting Ildico’s preferred heading, 9101 (Ildico v. U.S., CIT # 18-00136).
German exporter Koehler petitioned the U.S. Court of Appeals for the Federal Circuit for a writ of mandamus on Oct. 31 to settle the question of whether the company can be served via its U.S. counsel after the Court of International Trade refused to certify the issue for intermediate appeal. Koehler said the issue of whether CIT rules allow service on a foreign dependent through its U.S. counsel "is a basic, undecided question in this Circuit that is likely to recur" (Koehler Oberkirch GmbH v. United States, Fed. Cir. # 25-106).
Exporter CVB voluntarily dismissed its appeal on Oct. 29 at the U.S. Court of Appeals for the Federal Circuit on the International Trade Commission's affirmative injury finding on mattresses from various Asian countries (CVB v. U.S., Fed. Cir. # 24-1504).
In response to a motion for judgment filed by an importer of Mexican rail couplers, the U.S. and a petitioner each said Oct. 25 that the Commerce Department doesn't have to consider conflict of interest claims in antidumping duty investigations. The importer brought a conflict of interest suit against the petitioner in an AD investigation, saying that the petitioner relied on evidence from an attorney it itself had once hired (see 2407160060) (Amsted Rail Co. v. U.S., CIT # 23-00242).
The Court of International Trade on Oct. 30 referred a customs penalty suit against importer Katana Racing to mediation under Judge Jennifer Choe-Groves. The judge overseeing the case, Lisa Wang, said the mediation period will expire March 17 unless Choe-Groves recommends an extension (U.S. v. Katana Racing, CIT # 19-00125).
The Commerce Department reasonably interpreted the Trade Act of 1930 to pause antidumping and countervailing duties on solar cells and modules from four Southeast Asian countries, the government told the Court of International Trade on Oct. 29. Responding to U.S. solar cell maker Auxin Solar and solar module designer Concept Clean Energy, the U.S. said the two companies' arguments belie "Congress' broad delegation of rulemaking authority" to respond to an emergency found by the president (Auxin Solar v. United States, CIT # 23-00274).
The Transportation Department doesn't have "vested authority" to determine whether to admit entries of goods based on whether they comport with federal safety standards, the Court of International Trade held on Oct. 30. Judge Lisa Wang said that, as a result, CBP has the relevant admissibility authority and the trade court can hear the case.