The Commerce Department ignored court precedent when it found magnesia carbon bricks from China that contained alumina were subject to antidumping and countervailing duties, the Court of International Trade said in a decision issued Dec. 12.
A three-judge panel at the U.S. Court of Appeals for the Federal Circuit told the Court of International Trade that it has now twice wrongly told an importer that its first-sale price method to determine the duty level of its cookware was prohibited.
The Court of International Trade in a decision made public Dec. 13 remanded the Commerce Department's rejection of 31 of importer California Steel Industries' Section 232 exclusion requests. Judge M. Miller Baker found that Commerce failed to consider whether objector U.S. Steel Corp. could supply the entire amount of slab represented across all 31 exclusions as opposed to just the slab covered by one exclusion request. However, Baker sustained Commerce's rejection of another 14 exclusion requests from California Steel, finding that the agency reasonably found U.S. Steel could timely provide slab to the importer in a sufficient quantity.
The Court of International Trade on Dec. 16 remanded the Commerce Department's decision to include importer Hardware Resources' edge-glued boards in the antidumping and countervailing duty orders on wood mouldings and millwork products from China. In his first decision since joining the court, Judge Joseph Laroski held that Commerce failed to consider whether Hardware Resources' products were, in fact, mouldings or millwork products under the orders' plain language.
The Court of International Trade on Dec. 16 remanded the Commerce Department’s classification of xanthan gum exporter Fufeng’s coal and its direct calculation of the exporter’s energy costs. Judge Gary Katzmann dismissed the exporter’s challenge to the Cohen’s d test and to the department’s decision to subtract Section 301 tariffs from the Fufeng’s value calculation (Neimenggu Fufeng Biotechnologies Co. v. U.S., CIT # 23-00068).
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department erred in finding that respondent Habich and its U.S. sales agent aren't affiliated, as well as in its calculations of Habich's normal value based on its third-country sales to Mexico, petitioner Lumimove, doing business as WPC Technologies, argued. Filing a motion for judgment at the Court of International Trade on Dec. 5, WPC said Commerce's failure to further investigate the alleged affiliation between Habich and its U.S. sales agent amounted to a "dereliction of duty" (Lumimove, Inc., d/b/a WPC Technologies v. U.S., CIT # 24-00105).
The Court of International Trade on Dec. 12 remanded the 2021 countervailing duty review on cut-to-length carbon-quality steel plate from South Korea in a confidential decision. Judge Claire Kelly gave the parties until Dec. 16 to review the confidential information in the decision. The central issue in the case is the Commerce Department's finding of de facto specificity regarding the South Korean government's alleged provision of electricity for less than adequate remuneration (see 2408130046). Parties in the case also contest Commerce's refusal to accept the 2021 cost information from the state electricity company, KEPCO, as being untimely filed (Hyundai Steel Co. v. U.S., CIT # 23-00211).
A three-judge panel at the U.S. Court of Appeals for the Federal Circuit remanded to the Court of International Trade for the second time a case on Meyer Corp.'s use of first sale. The ruling, issued Dec. 13, orders the CIT to once again consider whether CBP was wrong to reject the first-sale price submitted to the agency by Meyer, based on the price paid by distributors in Macau to a Thai manufacturer and by distributors in Hong Kong to a Chinese manufacturer. The manufacturers, distributors and importers share the same parent company -- Meyer International Holdings, Ltd.
The Commerce Department has the inherent authority to set procedural requirements in its antidumping duty and countervailing duty proceedings, making its revocation of certain AD orders lawful given that no interested domestic party filed a notice of intent to participate in sunset reviews on the orders, the agency said. Filing its opening brief at the U.S. Court of Appeals for the Federal Circuit on Dec. 11, Commerce said the Court of International Trade's rejection of its action usurped the department's clear authority to fix its own procedures (Archroma U.S. v. U.S., Fed. Cir. # 24-2159).