The Court of International Trade on Feb. 22 remanded the Commerce Department's remand results in the 2019-20 review of the antidumping duty order on xanthan gum from China. Judge Jennifer Choe-Groves rejected the agency's continued use of total adverse facts available against exporters Meihua Group International Trading (Hong Kong) and Xinjiang Meihua Amino Acid Co., finding that the companies submitted evidence on the amount of duties it paid as requested by Commerce. Choe-Groves also said the data, submitted 56 days before the review's preliminary results, wasn't untimely. The court also faulted Commerce for continuing to not conduct a collapsing analysis of exporter Deosen Biochemical, ruling that the company wasn't given adequate notice that it could request a new collapsing analysis.
Exporter Hoshine Silicon (Jia Xing) Industry Co. filed a lawsuit at the Court of International Trade to contest a withhold release order on the company and CBP's rejection of the exporter's petition to be removed from the WRO. The company, which goes by Jiaxing Hoshine, said the WRO has done "significant and irreparable damage" to its business and reputation and that CBP has skirted the law by failing to disclose the evidence it used in issuing the WRO (Hoshine Silicon (Jia Xing) Industry Co. v. U.S., CIT # 24-00048).
The U.S. will appeal a Court of International Trade case on the 2017 review of the countervailing duty order on solar cells from China, it said in a Feb. 16 notice of appeal. The government lost at the trade court with regard to its land benchmark calculation and use of adverse facts available pertaining to China's Export Buyer's Credit Program (see 2312200026).
The Court of International Trade on Feb. 20 sustained the Commerce Department's remand results in a case on the 2018 review of the countervailing duty order on corrosion-resistant steel products from South Korea. In its remand redetermination, Commerce lowered exporter Hyundai Steel Co.'s CVD rate to a de minimis mark after removing the subsidy attributed to the company's usage rights for the North Incheon Harbor in South Korea (see 2401240062) (Hyundai Steel Co. v. U.S., CIT # 21-00304).
Again remanding the Commerce Department’s final affirmative determination in mattress exporter Zinus Indonesia's antidumping duty case, the Court of International Trade said that facts otherwise available weren't warranted in Commerce's construction of the exporter’s export price and that the department needed to consider new evidence in constructing its selling expenses.
Importer Trijicon's tritium-powered gun sights are "lamps" and not "apparatus," slotting them under Harmonized Tariff Schedule subheading 9405, the Court of International Trade ruled on Feb. 16. Judge Mark Barnett said the gun sights do not meet definition of "apparatus" put forward by either Trijicon or the government, who respectively defined the term as a set of materials or equipment and a complex device. The court instead found that the products "are readily classified as lamps," which are defined as "any of various devices for producing light."
The Court of International Trade on Feb. 20 rejected a Commerce Department scope ruling finding R210-S engines made by Chonging Rato Technology Co. fall within the scope of the antidumping and countervailing duty orders on vertical shaft engines between 99cc and up to 225cc and parts thereof from China.
Exporter CVB will appeal a January Court of International Trade decision upholding the International Trade Commission's affirmative injury finding on mattresses from a host of countries to the U.S. Court of Appeals for the Federal Circuit. The trade court found various errors in the ITC's assessment of whether the market industry is segmented but nevertheless sustained the injury determination due to the "harmless error" principle (see 2312200070) (CVB v. U.S., CIT # 21-00288).
An importer said that CBP liquidated 227 of its entries at an incorrect 1.02% AD rather than at the proper de minimis rate, then denied its protests and refused refunds despite a correction from Commerce (PNS Clearance v. U.S., CIT #24-00044).
Antidumping duty petitioner Mid Continent Steel & Wire told the U.S. Court of Appeals for the Federal Circuit that exporter Oman Fasteners' opposition to its bid to stay the appeal is a strategic delay tactic (Oman Fasteners v. U.S., Fed. Cir. # 24-1350).