The U.S. and Kevin Ho, owner and director of importer Atria, have agreed to try and resolve a customs penalty action via stipulated judgment and are now working to negotiate a number Ho will pay, the parties said in a Sept. 16 status report. The development comes after Ho pleaded guilty in a parallel criminal proceeding in which he was sentenced to 18 months in prison (United States v. Chu-Chiang "Kevin" Ho, CIT # 19-00038).
Court of International Trade activity
Exporter ULMA Forja, S.Coop filed a complaint on Sept. 17 at the Court of International Trade to contest the Commerce Department's differential pricing analysis in the 2022-23 review of the antidumping duty order on finished carbon steel flanges from Spain (ULMA Forja, S.Coop v. United States, CIT # 24-00162).
The Court of International Trade on Sept. 18 sustained the Commerce Department's decision on remand to use a weighted average to set the antidumping rate for the non-individually examined respondents in the 2016-17 review of the AD order on multilayered wood flooring from China. The agency weight averaged the zero and adverse facts available rates given to the two mandatory respondents. Judge Richard Eaton said Commerce "followed the court's instructions on remand" by using a weighted average, which represents the "expected method" for determining the separate rate. The result was a 31.63% AD rate for the companies -- down from the original 42.57%.
The Court of International Trade on Sept. 17 sent back the Commerce Department's use of a quarterly cost methodology to analyze exporter Officine Tecnosider's sales during the 2020-21 review of the antidumping duty order on steel plate from Italy to address "shortcomings" in its analysis.
The Court of International Trade will be closed Nov. 29 as part of its observation of Thanksgiving. Judge Mark Barnett made the announcement in an order on Sept. 13. Thanksgiving is Thursday, Nov. 28.
The following lawsuits were recently filed at the Court of International Trade:
Importer New York Mutual Trading dismissed its customs case at the Court of International Trade on Sept. 16. The company brought the suit in 2022 to contest CBP's denial of its protest claiming its frozen shrimp from Vietnam of Harmonized Tariff Schedule subheading 1605.21.1030 had wrongly been assigned the "all others" antidumping duty rate. Counsel for the importer didn't immediately respond to a request for comment (New York Mutual Trading v. U.S., CIT # 22-00293).
Importer Worldwide Distribution dropped its bid to participate in an appeal of an antidumping duty review after failing to file a notice of appeal. The U.S. Court of Appeals for the Federal Circuit had asked the company whether it sought to take part in the case as an appellant, and, if so, what the court's jurisdiction is over such an appeal (Sahamitr Pressure Container v. U.S., Fed. Cir. # 24-2043).
A plaintiff opposed Sept. 13 a CBP redetermination upon remand that again found three importers evaded antidumping and countervailing duties on Chinese plywood by transshipping the product through Cambodia (see 2405300058), again arguing the agency’s decision lacked substantial evidence (American Pacific Plywood v. U.S., CIT Consol. # 20-03914).
The U.S. on Sept. 13 defended the Commerce Department's remand determination that the Korean government's full allotment of carbon emissions credits to exporter Hyundai Steel Co. is de jure specific. The government said Hyundai's claims that the Court of International Trade already rejected Commerce's reasoning and that the agency ignored the court's questions in the remand were unconvincing (Hyundai Steel Co. v. United States, CIT # 22-00029) (Dongkuk Steel Mill Co. v. United States, CIT # 22-00032).