The following lawsuits were recently filed at the Court of International Trade:
In response to a U.S. opposition to its motion for judgment that included an accusation that it had fabricated a lab test (see 2410300052) -- after it itself claimed CBP had put the wrong test on the record (see 2406240048) -- an importer said Nov. 23 that DOJ had illegally “cited to matters from outside the record” (Vanguard Trading Co. v. U.S., CIT # 23-00253).
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The Court of International Trade allowed tomato exporters NS Brands and Naturesweet Invernaderos to intervene in a case challenging the 1996 antidumping duty investigation on Mexican tomatoes, despite the request for intervention coming five years too late. Judge Jennifer Choe-Groves held that the exporters, collectively referred to as NatureSweet, showed good cause for intervention, due to the unorthodox nature of the appeal, and properly articulated the basis for its intervention.
The Court of International Trade ruled Nov. 26 that it has jurisdiction over all denied protests of CBP detention decisions -- even if the government claimed that the Drug Enforcement Administration, not CBP, chose to make the seizure. CBP has the final authority over all detentions, making all detentions protestable under U.S. law, CIT Judge Timothy Reif held in his opinion.
No lawsuits were recently filed at the Court of International Trade.
Against opposition from exporters (see 2411190063), the U.S. supported Nov. 21 the Commerce Department’s continued decision on remand to use an inter-quarter comparison for an aspect of an administrative review and same-quarter comparisons for another (see 2409240022) (Universal Tube and Plastic Industries v. U.S., CIT # 23-00113).
In an eight-count complaint, the Israeli government took issue Nov. 22 with the International Trade Commission’s affirmative injury finding regarding Israeli brass rods. Among other things, Tel Aviv said that the Oct. 7, 2023, terrorist attack on Israel, which occurred a week after the period of investigation ended, disincentivized underselling by the country’s exporters because it “significantly impaired” their manufacturing (Government of Israel, Ministery of Economy and Industry v. U.S., CIT # 24-00197).
The Commerce Department properly decided not to reopen the record to inflate Mexican surrogate wage data and ultimately choose Brazilian wage data in the antidumping duty investigation on beer kegs from China, the Court of International Trade said. Sustaining Commerce's third remand results in the case, Judge M. Miller Baker said the agency reasonably said it was "unnecessary to reopen the record to inflate the Mexican wage figures" when the Brazilian data "suited the agency's purposes."
CBP failed to consider material evidence when it found that importer Scioto Valley Woodworking didn't evade the antidumping and countervailing duty orders on wooden cabinets and vanities from China, the Court of International Trade said in a decision made public last week. Judge Lisa Wang said CBP didn't sufficiently consider evidence of the Haiyan Group's ownership of Scioto and its affiliated supplier, Alno, and it didn't adequately discuss the contents of an additional warehouse disclosed by Alno.