The following lawsuits were filed recently at the Court of International Trade:
Exporters Agro Sevilla Aceitunas S. Coop. and Angel Camacho Alimentacion on Sept. 12 dropped their case at the Court of International Trade against the Commerce Department's 2022-23 administrative review of the antidumping duty order on ripe olives from Spain. Counsel for the companies didn't respond to a request for comment (Agro Sevilla Aceitunas S. Coop. v. United States, CIT # 25-00153).
Tire exporter Bridgestone, seeking judgment in its case challenging use of total adverse facts available in a Thai tires antidumping duty investigation, said Sept. 5 that the Commerce Department “repeatedly denied” the existence of provably reliable documents Bridgestone provided it at verification and then made “questionable representations” to the Court of International Trade (see 2503200048) (Bridgestone Americas Tire Operations v. United States, CIT # 24-00263).
Antidumping duty respondent Jiangxi Brother Pharmaceutical on Sept. 11 filed a complaint at the Court of International Trade to contest the Commerce Department's antidumping duty investigation on vanillin from China. The respondent challenged Commerce's "calculation of the surrogate value for the by-product Hydroquinone," selection of the financial statements used as the basis for the financial ratios used in the surrogate value calculation, and the use of the Cohen's d test to detect "masked" dumping (Jiangxi Brother Pharmaceutical Co. v. United States, CIT # 25-00187).
The Court of International Trade sustained CBP's finding that importer Scioto Valley Woodworking evaded the antidumping duty and countervailing duty orders on wooden cabinets and vanities from China, in a confidential decision issued Sept. 12. Judge Lisa Wang said the evasion finding, which CBP flipped on remand, is supported by "substantial evidence and complies with the court's instructions" (American Kitchen Cabinet Alliance v. United States, CIT # 23-00140).
The Court of International Trade on Sept. 11 sustained the Commerce Department's 2017 review of the countervailing duty order on multilayered wood flooring from China, after the agency added a second respondent on remand and reconsidered certain benchmark calculations. Judge Timothy Reif said that no party objected to Commerce's remand results (Jiangsu Senmao Bamboo and Wood Industry Co. v. United States, CIT Consol. # 20-03885).
The Court of International Trade properly found that a product is "imported" for duty drawback purposes when it's admitted into a foreign-trade zone and not when entered for domestic consumption, the U.S. told the U.S. Court of Appeals for the Federal Circuit in a Sept. 11 reply brief. The government said CIT properly defined the term "importations" according to both common meaning and judicial precedent as "foreign merchandise coming into the United States" (King Maker Marketing v. United States, Fed. Cir. # 25-1819).
The following lawsuits were filed recently at the Court of International Trade:
The International Trade Commission provided "impermissible post hoc rationalizations" for its determination of a lack of adverse price effects on glass wine bottles from China, the U.S. Glass Producers Coalition argued in a Sept. 8 reply brief at the Court of International Trade. The coalition argued that the commission failed to "fully engage" with the petitioner's arguments regarding "contemporaneous business documentation and lost sales" and doubled down on its "illogical determinations as to price suppression and the effects of an inventory overhang in the market" (U.S. Glass Producers Coalition v. United States, CIT # 24-00199).
The Commerce Department on remand at the Court of International Trade said that exporter Cheng Shin Rubber Industry's temporary-use (T-type) tires fall within the scope of the antidumping duty order on passenger vehicle and light truck tires from Taiwan. The position represents a reversal of the agency's previous decision to exclude the tires from the scope of the order (United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO v. United States, CIT # 24-00165).