Filing its own brief in support of its negative injury determination regarding aluminum extrusions from multiple countries, the International Trade Commission said Aug. 11 that it reasonably found that aluminum extrusion imports didn’t significantly undersell domestic products, noting the imports oversold them about two-thirds of the time and only undersold them the other one-third (U.S. Aluminum Extruders Coalition v. United States, CIT # 24-00209).
The Commerce Department properly relied on Maersk data as the surrogate value for ocean freight and found that certain fabricated steel components used by respondent Zhejiang Dingli Machinery shouldn't be valued using data under Harmonized System subheadings covering "primary or raw steel products," petitioner Coalition of American Manufacturers of Mobile Access Equipment argued. Submitting remand comments to the Court of International Trade on Aug. 11, the coalition urged the court to accept the agency's remand results in the antidumping duty investigation on mobile access equipment from China (Coalition of American Manufacturers of Mobile Access Equipment v. United States, CIT Consol. # 22-00152).
Exporters Maquilacero and Tecnicas de Fluidos on Aug. 13 opened a five-count case against the 2022-23 administrative review of the antidumping duty order on light-walled rectangular pipe and tube from Mexico. The companies challenged the Commerce Department's findings that products made by Tecnicas from light-walled rectangular tubing are within the scope of the order and the agency's decision to collapse Maquilacero and Tecnicas (Maquilacero S.A. de C.V. v. United States, CIT # 25-00176).
The International Trade Commission urges an approach to the redaction of business proprietary information that "the law forbids," Alex Moss, executive director of the Public Interest Patent Law Institute, said in an Aug. 13 amicus brief at the U.S. Court of Appeals for the Federal Circuit in a case on the commission's redaction policy. Moss said the ITC unlawfully asks the court to "redact judicial records at its request without requiring any justification" (In Re United States, Fed. Cir. #s 24-1566, 25-127).
The Court of International Trade's Pay.gov system will undergo maintenance Aug. 16 from 6 p.m. to 10 p.m. EDT, the court announced. Documents requiring payment with this system can't be filed on CM/ECF during this time.
Gary Barnes, the pro se litigant challenging President Donald Trump's tariffs, responded on Aug. 11 to the government's opposition to his motion for reconsideration of the Court of International Trade's decision to dismiss the case for lack of standing. Barnes argued that his amendment to his original complaint helps establish that he has suffered a direct injury from the tariffs (Barnes v. United States, CIT # 25-00043).
CBP improperly interpreted the scope of the antidumping and countervailing duty orders on oil country tubular goods (OCTG) from China when it found that 10 importers evaded the orders, importer LE Commodities argued in an Aug. 13 complaint at the Court of International Trade. During the evasion proceeding, CBP said that the China-origin hollow steel billets used by Thai manufacturer Petroleum Equipment (Thailand) Co. to make the subject OCTG were "unfinished OCTG" subject to the orders (LE Commodities v. United States, CIT # 25-00181).
No lawsuits were filed recently at the Court of International Trade.
The Court of International Trade sided with the government in a customs case on food producer BASF Corporation's Betatene, in a confidential Aug. 13 decision. Judge Lisa Wang gave parties until Aug. 29 to review the confidential information in the decision, saying she plans to issue a public version of the decision on or before Sept. 12. The U.S. argued that the Betatene, which is formulated from beta-carotene, is a dietary supplement under Harmonized Tariff Schedule heading 2106 (see 2501150089). BASF argued that the goods should have been classified under heading 2936 as a "general-use 'provitamin'" (BASF Corporation v. U.S., CIT Consol. # 12-00422).
Target General Merchandise's string light models are properly classified under Harmonized Tariff Schedule heading 9405 as lamps with a "permanently fixed light source" not specified elsewhere in the tariff schedule and not under heading 8543 as parts of electrical machines having individual functions not specified elsewhere in the chapter, the Court of International Trade held on Aug. 13. Judge Lisa Wang ruled that Target's seven models of string lights specifically fall under subheading 9405.30.00 as lighting sets "of a kind used for Christmas trees.”