Antidumping petitioner Edsal Manufacturing Co. filed a complaint at the Court of International Trade on June 4 contesting the Commerce Department's antidumping duty investigation on boltless steel shelving units prepackaged for sale from India. Edsal said Commerce erred in accepting untimely information from exporter Triune Technofab regarding the calculation of the exporter's constructed value profit (Edsal Manufacturing Co. v. United States, CIT # 24-00087).
The Commerce Department stuck by its decision to use India as its primary surrogate country on remand at the Court of International Trade in a case on the 2017-18 administrative review of the antidumping duty order on frozen fish fillets from Vietnam (Catfish Farmers of America v. United States, CIT Consol. # 20-00105).
Judges at the U.S. Court of Appeals for the Federal Circuit appeared skeptical that antidumping duty petitioner Ad Hoc Shrimp Trade Action Committee could overcome the Court of International Trade's discretionary finding that the petitioner failed to adequately argue that third country sales must be "for consumption" in the third country market when determining normal value (Z.A. Sea Foods v. United States, Fed. Cir. # 23-1469).
The Court of International Trade on June 5 remanded the Commerce Department's surrogate value picks for the main factors of production, labor and by- and co-products of Vietnamese catfish in the 16th review of the AD order on the frozen fish fillets from Vietnam. Regarding the labor data, Judge M. Miller Baker said Commerce can't overlook issues with the Indian data it used simply due to its preference for using surrogate values from one country. However, the court sustained Commerce's choice of Indian financial statements over Indonesian financial statements.
International trade attorney Stephen Morrison has joined Wiley Rein as an associate, departing Morris Manning after joining the firm in August 2023 (see 2308100043), according to his LinkedIn page. Morrison previously served as a law clerk at the Court of International Trade, 2021-2023.
The following lawsuits were recently filed at the Court of International Trade:
The U.S. on May 31 opposed U.S. manufacturer Deer Park Glycine's bid to complete the record in a scope ruling case on calcium glycinate by including a scope ruling application from a separate proceeding. The government said a scope ruling application wasn't submitted during "this segment of the administrative proceeding" being challenged at the Court of International Trade, and the Commerce Department didn't "rely on it in reaching its determination not to initiate another scope inquiry regarding a product that had just been the subject of a final scope ruling" (Deer Park Glycine v. United States, CIT # 24-00016).
Importer Amoena USA Corp. filed a complaint on May 31 at the Court of International Trade contesting CBP's classification of its mastectomy brassieres under Harmonized Tariff Schedule subheading 6212.10.90.20, as "other brassieres of manmade fiber," dutiable at 16.9% (Amoena USA Corp. v. United States, CIT # 20-00101).
The Court of International Trade on May 31 sent back some and sustained some of the Commerce Department's surrogate value selections regarding antidumping duty respondent Zhejiang Dingli Machinery Co.'s inputs in the AD investigation on mobile access equipment from China.
Seko Customs Brokerage, which had added staffing to handle Type 86 filings before it was suspended from the Type 86 program beginning May 27 (see 2405310031), filed a complaint on June 3 asking the Court of International Trade to force CBP to reinstate it through an injunction.