CBP continued to find that three importers evaded the antidumping and countervailing duty orders on hardwood plywood from China on remand at the Court of International Trade, after providing the companies with access to the confidential information in the Enforce and Protect Act proceeding (American Pacific Plywood v. U.S., CIT # 20-03914).
The Court of International Trade on May 30 remanded 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. Judge Timothy Stanceu said that minor discrepancies between data submitted from small, unaffiliated beekeeper suppliers and the data submitted by Supermel isn't a valid reason to not use the exporter's acquisition costs as a proxy for the actual cost of production data. In addition, the court rejected Commerce's claim that Supermel's responses to five of the agency's questions were deficient, finding that the "principal information that Commerce found Supermel to have withheld was provided in full" by the company.
The following lawsuit was recently filed at the Court of International Trade:
The U.S. asked the Court of International Trade for leave to exceed its 7,000 word limit by 2,300 words in a reply brief amid its case against a Chinese exporter of automobile accessories (see 2404100071) (Keystone Automotive Operations v. U.S., CIT # 21-00215).
An Indian quartz countertop exporter had the 323.12% adverse facts available antidumping duty assigned to it remanded by the Court of International Trade on May 28.
The Court of International Trade on May 28 rejected the government's motion for partial reconsideration of the court's decision finding that the government violated the "implied contractual term" of reasonableness in waiting eight years to demand payment from surety Aegis Security Insurance Co. on a customs bond.
The Court of International Trade on May 28 said the Commerce Department erred in revoking the antidumping duty orders on stilbenic optical brightening agents from Taiwan and China after it didn't receive a timely notice of intent to participate in the orders' sunset reviews from a domestic producer. Judge M. Miller Baker told Commerce to conduct the full sunset reviews since U.S. manufacturer Archroma U.S. filed substantive responses to the agency's notice of initiation of the sunset reviews.
The Commerce Department on remand at the Court of International Trade reduced the antidumping duty rate for respondent Meihua Group International Trading (Hong Kong) from 154.07% to zero percent in the 2019-20 review of the AD order on xanthan gum from China. The agency reviewed its use of adverse facts available against the company due to the exporter's explanation that its U.S. duties and Section 301 duties are "subject to a possible recalculation" (Meihua Group International Trading (Hong Kong) v. United States, CIT Consol. # 22-00069).
The Court of International Trade on May 23 entered a default judgment against importer Rayson Global and its owner Doris Cheng due to their failure to file an answer to the government's complaint accusing them of avoiding antidumping and Section 301 duties on uncovered mattress innersprings from China (United States v. Rayson Global, CIT # 23-00201).
The Court of International Trade was wrong to rule that imported calendar planners should be classified by CBP as diaries instead of calendars, the importer said in its opening brief to the U.S. Court of Appeals for the Federal Circuit on May 24 (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).