The “vague and open-ended” language of a scope order on artist canvas from China makes the order unconstitutional, having caused the “absurd” result of levying antidumping duties on importers without advance notice, an importer told the Court of International Trade on June 24 in defense of its motion for judgment (see 2402270079) (Printing Textiles, LLC v. U.S., CIT # 23-00192).
After four remands in the Court of International Trade (see 2312210054), a German exporter of steel used to transport corrosive materials filed its opening bid with the U.S. Court of Appeals for the Federal Circuit on June 21. The company, AG der Dillinger Huttenwerke, claimed the Commerce Department wrongly used one of its products’ selling prices as a substitute for its costs of production, which amounts to “circular reasoning" (AG Der Dillinger Huttenwerke v. U.S., Fed. Cir. # 24-1498).
The Commerce Department reduced the antidumping duty rate for a collapsed entity, made up of exporter Siemens Gamesa, affiliated supplier Windar Renovables and five of Windar's subsidiaries, from 73% to 28.55% after reverting to the use of partial adverse facts available for the entity (Siemens Gamesa Renewable Energy v. U.S., CIT # 21-00449).
The following lawsuit was recently filed at the Court of International Trade:
The government has “inexcusably failed to provide substantive responses and/or produce any documents whatsoever,” gun manufacturer Glock said in a June 20 motion asking the Court of International Trade to compel the U.S. to produce the information the importer sought in its first round of discovery (Glock v. U.S., CIT # 23-00046).
An importer on June 20 accused CBP of placing “wholly unrelated” lab tests on the record to support an evasion decision and illegally refusing to consider the scope ruling that importer sought from the Commerce Department. As a result, it said, the CBP’s final determination was unlawful (Vanguard Trading Co. v. U.S., CIT # 23-00253).
Exporter Saha Thai Steel Pipe Public Co. on June 21 petitioned the U.S. Court of Appeals for the Federal Circuit for either a panel or en banc rehearing of its decision to include dual-stenciled pipe in the scope of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand (see 2405150027) (Saha Thai Steel Pipe Public Co. v. United States, Fed. Cir. # 22-2181).
The Court of International Trade in a June 13 decision made public June 24 said the Commerce Department properly found that Aussie exporter BlueScope Steel (AIS) didn't reimburse its affiliated importer BlueScope Steel Americas (BSA) for antidumping duties. Sustaining the second review of the AD order on hot-rolled steel flat products from Australia, Judge Richard Eaton said that Commerce also properly declined to make a "standalone deduction" from the constructed export price for "profit resulting from the further manufacture of the steel in the United States."
The following lawsuit was recently filed at the Court of International Trade:
Although the Court of International Trade rejected the International Trade Commission’s analysis in its affirmative injury determination regarding boxed mattresses from various Asian countries as “mathematical obfuscation and statistical chicanery,” it didn’t remand like it should have, an exporter told the U.S. Court of Appeals for the Federal Circuit on June 21 (CVB, Inc. v. U.S., Fed. Cir. # 24-1504).