The Court of International Trade on July 30 sustained the Commerce Department's first review of the antidumping duty order on glycine from Japan. Judge Stephen Vaden said Commerce appropriately decided on remand to remove exporter Nagase's compensation for payment expenses from the company's general and administrative expense ratio. Vaden also ruled that Nagase failed to exhaust its administrative remedies regarding its request that Commerce reconsider the assessment rate.
The following lawsuit was recently filed at the Court of International Trade:
Chinese cartridge exporter Ninestar Corp. told the Court of International Trade in a July 26 reply brief that it's not attempting to "exhaust its remedies" before the Forced Labor Enforcement Task Force by requesting removal from the Uyghur Forced Labor Prevention Act Entity List. Responding to the government's bid to dismiss the case, Ninestar said it's merely asking FLETF to "take a new agency action, based on a different legal standard and a different evidentiary record" (Ninestar Corp. v. United States, CIT # 23-00182).
The Court of International Trade in a July 17 decision made public July 25 sent back the Commerce Department's use of exporter Prochamp's German sales as the comparison market in an antidumping duty investigation. Judge M. Miller Baker said that since the agency didn't know what percentage of the company's German sales were actually for consumption in Germany, Commerce's use of the comparison market was unsupported.
The Court of International Trade on July 29 sustained the Commerce Department's 2019-20 review of the antidumping duty order on xanthan gum from China. Judge Jennifer Choe-Groves said on remand that Commerce properly slashed exporter Meihua Group International Trading (Hong Kong) Limited's AD margin to zero percent from a 154.07% adverse facts available rate. The judge also sustained the agency's collapsing analysis, which said Deosen Biochemical shouldn't be collapsed with Deosen Biochemcial (Ordos) since Deosen Biochemical made no shipments during the review period. As a result, Deosen Biochemical's review under the AD order was rescinded.
The Court of International Trade on July 26 remanded the Commerce Department's 2020-21 review of the antidumping duty order on circular welded carbon-quality steel pipe from the United Arab Emirates. After finding that exporters led by respondent Universal Tube and Plastic Industries didn't fail to exhaust their administrative remedies regarding arguments on Commerce's consideration of alternative time periods in the Cohen's d test, Judge Jennifer Choe-Groves remanded the agency's consideration of the time periods in the d test, which is used to detect "masked" dumping.
The Court of International Trade denied Seko Customs Brokerage's bids for a temporary restraining order and preliminary injunction against its temporary suspension from the Entry Type 86 Test and Customs-Trade Partnership Against Terrorism programs. Judge Claire Kelly found Seko already received all the relief it sought when it was conditionally reinstated into the programs and told why it was originally suspended.
The U.S. and Amcor Flexibles Singen, an aluminum foil exporter, filed a joint status report to Court of International Trade Judge Timothy Reif regarding 14 classification cases dating from 2015 to 2018 (Amcor Flexibles Singen v. U.S., CIT # 15-00243, et al.).
The Commerce Department improperly used an invoice date as the date of sale of goods in the 2021-22 review of the antidumping duty order on steel concrete rebar from Turkey, exporter Kaptan Demir Celik Endustrisi ve Ticaret told the Court of International Trade. Filing a motion for judgment on July 23, Kaptan said Commerce should have used the contract date as the date of sale (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 24-00018).
The Court of International Trade in a July 17 decision made public July 25 remanded parts and sustained parts of the Commerce Department's antidumping duty investigation on Dutch mushrooms. Judge M. Miller Baker said Commerce properly declined to use adverse facts available against mandatory respondent Prochamp but didn't adequately support its decision to use Germany as the comparison market. Baker said it was unclear how many of Prochamp's German sales were for consumption in Germany.