The Court of International Trade on May 30 rejected the Commerce Department's use of adverse facts available against Apiario Diamante Comercial Exportadora and Apiario Diamante Producao e Comercial de Mel, collectively doing business as Supermel, in the antidumping duty investigation on raw honey from Brazil. The decision sends back the 83.72% AD rate levied against the exporter.
The Court of International Trade on May 31 sustained parts and remanded parts of the Commerce Department's antidumping duty investigation on mobile access equipment from China. Judge M. Miller Baker sent back Commerce's surrogate value data on ocean-shipping costs for respondent Zhejiang Dingli Machinery Co., which was taken from Descartes, Freightos and Drewry, along with the SV data for minor fabricated steel components. However, Baker sustained Commerce's surrogate value picks related to two of Dingli's motor inputs. The court also said Commerce appropriately accepted certain factual information submissions from Dingli, despite the submissions violating the agency's regulations, since it was the only chance for Dingli to rebut the SV data on the record.
The Court of International Trade on May 31 said that a duty drawback claim becomes deemed liquidated after one year if the underlying import entries are also liquidated and final, with finality defined as the end of the 180-day window in which to file a protest with CBP.
The pay.gov site will undero maintenance June 1 from 6 p.m. to 10 p.m. EDT, the Court of International Trade said. During this time, documents needing payment through pay.gov can't be filed on CM/ECF.
The following lawsuit was recently filed at the Court of International Trade:
Importer TR International Trading Company submitted a May 28 consent motion to the Court of International Trade asking to extend its case’s discovery period to November 2024 (TR International Trading Company v. U.S., CIT # 19-00217).
The U.S. said May 28 that service through a German exporter’s U.S. counsel of record in another case was adequate under the trade court’s rules of civil procedure (U.S. v. Koehler Oberkirch, CIT # 24-00014).
Importer Wagner Spray Tech. Corp. told the Court of International Trade that the Commerce Department impermissibly used (k)(1) sources to expand the scope of the antidumping and countervailing duty orders on aluminum extrusions from China when it included the company's finished heat sink manifold under the AD/CVD orders (Wagner Spray Tech. Corp. v. United States, CIT # 23-00241).
The Canadian government and a group of eight Canadian lumber exporters sought to file an amici curiae brief in a case at the U.S. Court of Appeals for the Federal Circuit on the Commerce Department's use of the Cohen's d test to detect "masked" dumping. Filing unopposed for leave to file the briefs on May 28, the parties said they can provide "unique and robust explanations of the Cohen's d denominator, a full understanding of which will" aid the court to settle the issues in the case (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
The Court of International Trade on May 31 said that duty drawback claims are deemed liquidated after one year, as long as the underlying import entries are liquidated and final, and that "finality" is defined as the end of the 180-day protest window for the underlying entry. As a result of this clarification, Judge Jane Restani granted one of importer Performance Additives' duty drawback claims on its polymer and plastic chemical entries. The other claim's entries weren't liquidated and final on its one-year anniversary, precluding deemed liquidation.