An antidumping and countervailing duty petitioner on Jan. 19 filed its opening brief in an appeal of the Court of International Trade’s September ruling that the Commerce Department correctly excluded an importer’s shelf dividers from AD/CVD orders on flexible magnets from China (Magnum Magnetics Corp. v. U.S., Fed. Cir. # 24-1164).
CBP illegally liquidated an importer’s entries before litigation over the entries’ antidumping duty rate had finished, that importer alleged in the Court of International Trade (Acquisition 362 dba Strategic Import Supply vs. U.S., CIT 24-00011).
The Court of International Trade on Jan. 19 granted a joint motion that results in duty-free treatment for swimsuits reimported by SGS Sports under Harmonized Tariff Schedule subheading 9801.00.20. The ruling avoids a bench trial over whether the swimsuits qualify for the subheading as U.S. goods returned to the country.
CBP released a remand determination Jan. 18 reaffirming that three importers -- Newtrend USA, Starille and Nutrawave -- attempted to evade antidumping and countervailing duty orders on Chinese glycine (Newtrend USA v. U.S., CIT # 22-00347).
The Court of International Trade on Jan. 19 sustained the Commerce Department's use of exporter PhosAgro's profit before tax number instead of its gross profit mark when calculating the company's phosphate mining rights benefit.
The Commerce Department’s use of Turkish lira, not U.S. dollars, to calculate home market sales was contrary to record evidence that a Turkish exporter used the latter currency in its price negotiations, invoices and records, the exporter said on appeal (Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. U.S., Fed. Cir. # 24-1158).
New questionnaire responses showed it was a common domestic practice to reship surplus merchandise accidentally ordered to flooded markets, the International Trade Commission said as it continued to find on remand that Moroccan and Russian phosphate fertilizer had depressed U.S. fertilizer prices and harmed U.S. industry (OCP v. U.S., CIT Consol. # 21-00219).
The Supreme Court heard oral argument on Jan. 17 in a pair of cases contesting the Chevron doctrine, under which deference is afforded to executive agencies in interpreting federal laws where there is ambiguity. Many of the justices appeared primed to strike down the doctrine, including Justices Neil Gorsuch, Brett Kavanaugh, Samuel Alito and John Roberts, who either criticized its use or questioned its current relevancy and impact (Loper Bright Enterprises v. Raimondo, Sup. Ct. # 22-451) (Relentless v. Dept. of Commerce, Sup. Ct. # 22-1219).
The Court of International Trade on Jan. 19 granted a stipulation of facts and joint motion for judgment from importer SGS Sports and the U.S. in a customs spat on the classification of reimported swimsuits. Judge Jennifer Choe-Groves said that, per the stipulation of facts, SGS Sports' entries qualify for duty-free treatment under Harmonized Tariff Schedule subheading 9801.00.20.
NEW YORK -- The Court of International Trade held oral argument on Jan. 18 in Chinese exporter Ninestar's case challenging its placement on the Uyghur Forced Labor Prevention Act Entity List, addressing the company's motion for a preliminary injunction against its listing and its bid to unseal and unredact the record in the case (Ninestar Corp. v. U.S., CIT # 23-00182).