The Court of International Trade on April 11 sent back the Commerce Department's duty drawback adjustment to exporter Assan Aluminyum, which led to a de minimis antidumping duty rate in the AD investigation on common alloy aluminum sheet from Turkey. Judge Gary Katzmann said it "appears that" Commerce's methodology "impermissibly increased Assan's export price by more than 'the amount of any import duties imposed by the country of exportation which have been rebated."
The following lawsuits were recently filed at the Court of International Trade:
The U.S. on April 9 requested that the Court of International Trade not allow plaintiffs to add a new party in a case contesting the final results of the Commerce Department's fourth administrative review of the antidumping duty order on certain cold-drawn mechanical tubing of carbon and alloy steel from Italy (ArcelorMittal Tubular Products v. U.S., CIT # 24-00039).
On April 8, an importer sought to withdraw its motion to compel the government to give it certain unredacted documents and the addresses of several former CBP employees “relevant” to its case (see 2310160061) (Lutron Electronics Co. v. U.S., CIT # 22-00264).
The Court of International Trade on April 10 rejected the preferred tariff classification of notebooks with calendars from both CBP and importer Blue Sky the Color of Imagination, slotting the products under Harmonized Tariff Schedule subheading 4820.10.20.10 as "diaries." Judge Jane Restani explained that the court should prefer readings of the HTS that establish "conformity" across both the English and French translations of the Harmonized System.
The Court of International Trade on April 10 remanded the Commerce Department's use of a 10.54% adverse facts available rate for alleged benefits exporter Yama Ribbons and Bows Co. received from China's Export Buyer's Credit Program. Judge Timothy Stanceu agreed with Yama that the agency failed to show that the subsidy program from which the rate was taken -- preferential lending rates to China's coated paper industry program -- is similar to the EBCP.
The Court of International Trade on April 11 remanded the Commerce Department's duty drawback calculation methodology for exporter Assan Aluminyum that led to a de minimis rate in an antidumping duty investigation on common alloy aluminum sheet from Turkey. Judge Gary Katzmann said Commerce incorrectly applied the drawback adjustment to all Assan's U.S. sales although only some contributed directly to the receipt of duty exemptions in Turkey during the investigation period. The judge also said Commerce failed to fully explain its decision by not addressing two claims from the AD petitioners, the Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group.
The following lawsuits were recently filed at the Court of International Trade:
After a remand, the Commerce Department once again refused to exclude certain steel products from Section 232 steel and aluminum duties even though their importer can’t get the needed materials domestically, that importer said in March 8 comments. Instead, it claimed, the department continued to simply rely on the word of its competitor (California Steel Industries v. U.S., CIT # 21-00015).
The Court of International Trade on April 10 said that neither the U.S. nor importer Blue Sky the Color of Imagination properly classified entries of four types of notebooks with calendars, ultimately finding that the products fit under Harmonized Tariff Schedule subheading 4820.10.20.10 as "diaries." Judge Jane Restani said that the Harmonized System should be interpreted to provide "conformity" between the French and English versions of the HS. As a result, the judge looked to the French and English definitions of the term "diary," which both describe as a notebook to write what one proposes or remembers what to do.