Judge Lisa Wang, confirmed to the Court of International Trade on Feb. 1, was assigned to her first case at the trade court. The matter was reassigned to Wang after Judge Stephen Vaden recused himself since his former law clerk appeared in the action (see 2402120046). The case was brought by the American Kitchen Cabinet Alliance to challenge CBP's determination in an Enforce and Protect Act proceeding that importer Scioto Valley Woodworking didn't evade the antidumping and countervailing duty orders on wooden cabinets from China (see 2401230073) (American Kitchen Cabinet Alliance v. United States, CIT # 23-00140).
Importer Sterling Products, doing business as Auxiliaries Group, voluntarily dismissed its customs suit at the Court of International Trade on its chillers and parts of shredders and granulators. CBP classified the chillers under Harmonized Tariff Schedule subheading 8418.69.0180, along with Section 301 duties under secondary subheading 9903.88.01, and the parts of shredders and granulators under subheading 8479.90.9496, along with Section 301 duties under secondary subheading 9903.88.01. The importer said the goods are free of the Section 301 duties under secondary subheadings 9903.88.10 and 9903.88.07, respectively (Sterling Products d/b/a ACS Auxiliaries Group v. U.S., CIT # 20-03877).
The Court of International Trade on Feb. 22 again remanded the Commerce Department's use of total adverse facts available against exporter Meihua and its affiliate in an antidumping duty review on xanthan gum from China. Judge Jennifer Choe-Groves said Meihua properly submitted information on the duties it paid, and its submission of its data 56 days before the antidumping review's preliminary results wasn't "untimely."
The following lawsuits were recently filed at the Court of International Trade:
Exporter Shanghai Tainai Bearing Co. and importer C&U Americas brought a suit to the Court of International Trade on Feb. 20 challenging the 2021-22 review of the antidumping duty order on tapered roller bearings from China. The five-count complaint alleges a host of errors in the review, including on Commerce's use of partial adverse facts available (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).
Exporter Nanjing Kaylang Co. filed a complaint at the Court of International Trade on Feb. 20 contesting a Commerce Department scope ruling that found Kaylang's products made from phragmites are subject to the antidumping and countervailing duty orders on wooden cabinets and vanities from China (Nanjing Kaylang Co. v. United States, CIT # 24-00045).
An aluminum foil importer argued Feb. 20 that the Commerce Department was wrong to find that a South Korean exporter circumvented antidumping and countervailing duties on Chinese aluminum because the underlying Chinese inputs underwent “significant” processing (Hanon Systems Alabama Corp. v. U.S., CIT # 24-00013).
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).