The U.S. opposed Turkish exporter Habas Sinai's motions to intervene as an intervenor in an antidumping case and for an injunction on the liquidation of its entries, arguing that Habas' entries are already liquidated and that the company offers no "good cause" for its delay for timely seeking an injunction from the court (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 24-00018).
Importer King Maker Marketing told the Court of International Trade on Aug. 2 that the date of importation of its paper-wrapped cigarettes was the date on which the goods were withdrawn from a foreign-trade zone and not the date on which they entered the FTZ. As such, the company said in a complaint that its duty drawback claims weren't untimely, since they were filed within five years of the dates on which the goods were withdrawn from the FTZ (King Maker Marketing v. United States, CIT # 24-00134).
The Commerce Department should have treated exporter Koehler's unpaid antidumping duty liability as a selling expense that lowered constructed export price (CEP) instead of as an increase to the cost of production, antidumping duty petitioner Domtar Corp. argued at the Court of International Trade. Filing a complaint on Aug. 1, Domtar said CEP should have been lowered since the expenses were "associated with commercial activities in the United States" (Domtar Corp. v. United States, CIT # 24-00113).
The Commerce Department on remand at the Court of International Trade revised the duty drawback adjustment for exporter Assan Aluminyum Sanayi ve Ticaret, resulting in a de minimis antidumping duty rate for the company in the AD investigation on common alloy aluminum sheet from Turkey (Assan Aluminyum Sanayi ve Ticaret v. United States, CIT # 21-00246).
The Court of International Trade on Aug. 1 said the International Trade Commission didn't establish an agency practice of considering U.S. investments by foreign producers as a distinctive condition of competition for cumulation analyses. Judge Gary Katzmann rejected exporter BlueScope Steel's claim that the ITC departed from its past practice in cumulating Australian hot-rolled steel exports with other nations' shipments as part of the five-year sunset review of the antidumping duty order on the steel goods.
The Court of International Trade on July 30 opened registration for its 22nd Judicial Conference, which will be held Oct. 10 at the Westin Jersey City Newport Hotel in Jersey City, New Jersey. The conference will feature events on agency deference in trade cases, the Enforce and Protect Act and circumvention issues, and ethics issues.
The following lawsuit was recently filed at the Court of International Trade:
A Chinese garlic exporter filed a complaint July 31 in the Court of International Trade claiming that the Commerce Department wrongly determined in an antidumping duty review that its U.S. sales were not bona fide and denied it a separate rate (Jining Huahui International Co. v. U.S., CIT # 24-00111).
The Commerce Department switched the basis on which it found the Korean government's full allotment of emissions permits under the Korean Emissions Trading System (K-ETS) was specific. Submitting its remand results under protest on July 31, Commerce said the full allotment of the permits was de facto specific after the Court of International Trade rejected the idea that the full allotment was de jure specific (Hyundai Steel Co. v. United States, CIT # 22-00170).
The Court of International Trade again remanded the Commerce Department's decision to continue using adverse facts available against countervailing duty respondent The Ancientree Cabinet Co. related to its alleged receipt of benefits under China's Export Buyer's Credit Program. In a July 22 decision made public July 30, Judge Richard Eaton instructed the agency to "determine a customer-specific rate that excludes" the EBCP subsidy amount for Ancientree's U.S buyers "whose non-use" of the program was verified.