The Commerce Department's Bureau of Industry and Security continued to deny importer Seneca Food's eight Section 232 steel tariff exclusion requests for its tin mill products on remand at the Court of International Trade. BIS said that U.S. Steel can make the same products in a sufficient quantity and in a timely manner to satisfy Seneca's needs, prompting the rejection of the exclusion bids (Seneca Foods Corp. v. United States, CIT # 22-00243).
The Court of International Trade in a March 11 decision made public April 1 sent back the Commerce Department's departure from the expected method in setting the separate rate companies' rate in the 2016-17 review on the antidumping duty order on multilayered wood flooring from China.
NEW YORK -- In a marathon four-and-a-half hour oral argument session last week, Court of International Trade Judge Stephen Vaden sharply questioned the International Trade Commission's redaction process in an injury proceeding on phosphate fertilizers (OCP v. United States, CIT Consol. # 21-00219).
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
The U.S. on March 25 supported the Commerce Department’s voluntary remand results that used an Italian steel exporter’s quarterly costs methodology to calculate its steel’s value and assigned the exporter a de minimis rate (Officine Tecnosider SRL v. U.S., CIT # 23-00001).
An Indian exporter of granular polytetrafluorethylene, the generic version of Teflon, said March 27 that the “minute” amount of wind energy produced by an affiliate was not “primarily directed” at its own own PTFE manufacturing because electricity from certain sources can't be earmarked for any particular process (Gujarat Fluorochemicals v. U.S., Fed. Cir. # 24-1268).
The Court of International Trade in a March 11 decision made public April 1 sent back the Commerce Department's use of a simple average of a zero percent and an adverse facts available antidumping rate to set the separate AD rate in the 2016-17 review of the order on multilayered wood flooring from China. Judge Richard Eaton said that because Commerce had Sino-Maple (Jiangsu) Co.'s aggregate U.S. sales information, the lack of transaction-specific U.S. sales data for the exporter didn't support departing from the expected method, which requires a weighted average of the zero and AFA rates.
The Court of International Trade on April 1 granted the New Zealand government's motion to dissolve a preliminary injunction banning its fish exports in a challenge to the National Oceanic and Atmospheric Administration's 2020 findings that New Zealand's standards for its West Coast North Island inshore trawl and set net fisheries were comparable to U.S. regulations.
During oral arguments March 26 for weekly and monthly planner classification case, Court of International Trade Judge Jane Restani told parties that the Harmonized Tariff Schedule is written in British, not American, English (Blue Sky The Color of Imagination v. U.S., CIT # 21-00624).