Exporter Nagase & Co. will appeal its case on the first review of the antidumping duty order on glycine from Japan, according to its Sept. 27 notice of appeal at the Court of International Trade. In July, the court sustained the Commerce Department's decision to remove Nagase's compensation for payment expense from its general and administrative expense ratio and said that Nagase failed to exhaust its administrative remedies pertaining to its challenge to Commerce's assessment rate (see 2407300052). The exporter challenged the assessment rate at CIT, despite not raising the issue during the review, claiming that the remand proceeding at the trade court created a new decision for judicial review. The court rejected that claim (Nagase & Co. v. U.S., CiT # 21-00574).
Court of International Trade activity
Petitioners pushed back Sept. 26 against a Court of International Trade remand order (see 2405310043) that resulted in the Commerce Department lowering a Brazilian honey exporter’s antidumping duty resulting from an investigation from 83.72% to 10.52% (see 2408270029) (Apiario Diamante Comercial Exportadora v. United States, CIT # 22-00185).
The Court of International Trade on Sept. 26 ordered the Commerce Department to add exporter The Ancientree Cabinet Co.'s ministerial error allegation to the record of a suit on the 2021-22 review of the antidumping duty order on wooden cabinets and vanities from China. Judge Mark Barnett gave Commerce until Oct. 7 to add the allegation to the record (The Ancientree Cabinet Co. v. U.S., CIT # 23-00262).
Texas-based syringe importer Retractable Technologies took to the Court of International Trade to contest the 100% increase of Section 301 tariffs recently imposed on needles and syringes from China. The complaint is seeking a temporary restraining order and a preliminary injunction against the duties, claiming that the tariffs could send the company out of business (Retractable Technologies v. United States, CIT # 24-00185).
The following lawsuits were recently filed at the Court of International Trade:
Plaintiffs in a case regarding the antidumping and countervailing duty reviews on wood mouldings and millwork from China filed two briefs Sept. 25 with the Court of International Trade, again arguing that, one, one respondent’s trading company should have been entitled to the same separate rate as the respondent itself, and, two, that the Commerce Department illegitimately chose to end its review of another respondent early and instead use adverse facts available (China Cornici Co. Ltd. v. U.S., CIT #s 23-000216, -00217).
Exporter The Ancientree Cabinet Co. said both the government's and petitioner American Kitchen Cabinet Alliance's claims that the Commerce Department didn't need to make an export subsidy adjustment for Ancientree since the company failed to exhaust its administrative remedies "fail to properly contemplate" this requirement (The Ancientree Cabinet Co. v. United States, CIT # 23-00262).
The U.S. asked for a voluntary remand at the Court of International Trade in a suit on the 2021-22 review of the antidumping duty order on mechanical tubing of carbon and alloy steel from Italy to reconsider the "single-entity treatment" of exporters Dalmine and Silcotub (ArcelorMittal Tubular Products v. United States, CIT # 24-00039).
German paper exporter Koehler further defended its bid for an interlocutory appeal of the Court of International Trade's decision allowing the government to effect service on the company through its U.S. counsel (United States v. Koehler Oberkirch GmbH, CIT # 24-00014).
Importer Omni Distributors on Sept. 24 voluntarily dismissed its customs case at the Court of International Trade on the classification of its hand sanitizer imports. Omni Distributors said the goods, classifiable under Harmonized Tariff Schedule subheading 3824.99.9297, should qualify for Section 301 exclusions under secondary subheading 9903.88.45. Counsel for the importer declined to comment (Omni Distributors v. United States, CIT # 22-00250).