The following lawsuits were recently filed at the Court of International Trade:
A pair of exporters shouldn't be allowed to pluck "a few words out of context without examining the full language of that scope" in their challenge to a Commerce Department ruling that steel truck wheels made in Thailand with either Chinese-origin rims or discs are subject to the antidumping and countervailing duty orders on steel wheels from China (Asia Wheel Co. v. United States, CIT Consol. # 23-00143).
The U.S. Court of Appeals for the Federal Circuit on May 15 said the scope of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand unambiguously includes dual-stenciled pipe, reversing the Court of International Trade's decision.
The Court of International Trade on May 16 sustained the Commerce Department's remand results in an antidumping duty investigation of mattresses from Cambodia. Judge Gary Katzmann said Commerce, under both its major input and transactions disregarded rules, properly picked Cambodia as the "market under consideration" and appropriately excluded imports from nonmarket economy and export-subsidizing countries from the datasets it used when calculating input cost of production and market price. Katzmann also upheld Commerce's averaging of financial statements from Indian mattress-maker Emriates Sleep Systems and Grand Twins International (Cambodia) "for calculating constructed value profit and selling expenses."
Tire exporters YC Rubber Co. and Sutong Tire Resources alerted the Court of International Trade to a separate CIT decision affirming the Commerce Department's finding that the mandatory respondent in an antidumping duty review remained eligible for a separate rate "despite its unwilligness to participate in the administrative review" (YC Rubber Co. (North America) v. United States, CIT # 19-00069).
The International Trade Commission did not properly investigate the actual feasibility or frequency of reshipping excess phosphate fertilizer during a year in which fertilizer supply chains were rocked by unusual events, foreign exporters and domestic importers told the Court of International Trade May 8 in comments opposing a continued affirmative injury finding by the ITC after a remand (OCP v. U.S., CIT Consol. # 21-00219).
The U.S. on May 13 moved to dismiss a lawsuit challenging CBP's exclusion of two rubber tire entries, claiming that CIT has no jurisdiction because the entries were excluded at the behest of the Transportation Department's National Highway Traffic Safety Administration (NHTSA). As a result, the exclusions were not protestable decisions made by CBP, so the Court of International Trade had no subject matter jurisdiction under Section 1581(a) (Inspired Ventures v. United States, CIT # 24-00062).
German paper exporters Koehler Oberkirch and Koehler Paper on May 13 opposed the government's bid to serve the companies' U.S.-based counsel in a separate case, claiming that the rules don't "permit such service." The exporters said service instead should be effectuated through diplomatic channels, as contemplated by the rules, as this would "respect international comity and due process principles" (U.S. v. Koehler Oberkirch GmbH, CIT # 24-00014).
The U.S. Court of Appeals for the Federal Circuit on May 15 reversed a Court of International Trade decision sustaining the exclusion of dual-stenciled pipe from the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. The AD order's scope language included standard pipe but excluded line pipe, and exporter Saha Thai Steel Pipe Public Co.'s dual-stenciled pipes fit the industry specifications for both line and standard pipe. CAFC Judges Alan Lourie and Jimmie Reyna said that meeting an additional specification doesn't "strip away the qualification of these pipes as standard pipes." The majority added that the (k)(1) materials support the inclusion of dual-stenciled pipes under the order's scope. Judge Raymond Chen dissented, finding that the plain scope language is ambiguous as to whether it includes dual-stenciled pipe, and saying that the (k)(1) factors support exclusion of the dual-stenciled pipe.
The U.S. told the U.S. Court of Appeals for the Federal Circuit that the principle of stare decisis requires the appellate court to sustain the legality of the Commerce Department's non-market economy policy (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).