The U.S. Court of Appeals for the Federal Circuit in a June 7 order affirmed the Court of International Trade's decision to sustain the Commerce Department's use of antidumping duty respondent Z.A. Sea Food's (ZASF's) Vietnamese sales to calculate normal value in an AD review on Indian frozen warmwater shrimp. The unanimous order from Judges Alan Lourie, Raymond Clevenger and Todd Hughes was issued without an accompanying opinion.
The Court of International Trade on June 10 sustained the antidumping and countervailing duty evasion finding against importer Phoenix Metal for transshipping cast iron soil pipe from China through Cambodia. Judge Jane Restani said that CBP supported its finding with a wealth of evidence and that the agency's finding that Phoenix had some production capacity in Cambodia isn't enough to sink the evasion determination. Restani also rejected a host of due process claims made by Phoenix, though the court said a plaintiff could show that lasting harm was suffered by CBP's failure to provide notice of the establishment of interim measures. However, Phoenix failed to make this showing in the present case.
Judges on the U.S. Court of Appeals for the Federal Circuit heard arguments June 6 in a lumber exporter's case. The exporter is challenging its 2020 cash deposit rate set by a 2019 review after the Commerce Department previously ordered liquidation of its 2019 entries at a lower rate carried over from 2018 (J.D. Irving v. U.S., Fed. Cir. # 23-1652).
The following lawsuit was recently filed at the Court of International Trade:
Importer MTD Products filed a complaint at the Court of International Trade June 5 claiming its spark-ignition reciprocating or rotary internal combustion piston engines from China were improperly denied Section 301 exclusions by CBP (MTD Products v. U.S., CIT # 22-00174).
A company that imports air fryers brought a complaint to the Court of International Trade on June 5, arguing that its fryer are not “cooking stoves, ranges or ovens” but rather fall under the relevant “other” category (Sensio Inc. v. U.S., CIT # 23-00152).
Three motions for judgment were filed at the Court of International Trade June 5 challenging the Commerce Department's 2020-21 review of the countervailing duty order on phosphate fertilizers from Russia (Archer Daniels Midland Company v. U.S., CIT # 23-00239).
Exporter Nanjing Dongsheng Shelf Manufacturing Co. told the Court of International Trade in a June 6 complaint that the Commerce Department abused its discretion when it rejected the company's separate rate certification as untimely in the 2021-22 review of the antidumping duty order on steel racks from China (Nanjing Dongsheng Shelf Manufacturing Co. v. U.S., CIT # 24-00085).
The Court of International Trade on June 5 amended a decision it issued last week rejecting the Commerce Department's use of adverse facts available against an exporter doing business as Supermel in the antidumping duty investigation on raw honey from Brazil (see 2405310043) (Apiario Diamante Comercial Exportadora Ltda. v. United States, CIT # 22-00185).
On remand, the International Trade Commission failed to comply with the court's order and cherry-picked evidence to maintain its previous ruling that fertilizer imports had injured local producers, a Moroccan phosphate fertilizer exporter said May 30 to the Court of International Trade (OCP v. U.S., CIT Consol. # 21-00219).