The United States sought Feb. 28 a rehearing of the Court of International Trade’s decision regarding the classification of precut chordal, radial and web fabric pieces used in airplane brakes. The products’ importer, Honeywell, would avoid duties if the ruling stands (Honeywell International Inc. v. U.S., CIT # 17-00256).
Antidumping petitioner Nucor Corp. argued last week that the Commerce Department failed to support its "reliance on quarterly costs" in calculating the cost of production for respondent Officine Tecnosider in the 2020-21 administrative review of the antidumping duty order on steel plate from Italy. Nucor said Commerce failed to address concerns raised by the Court of International Trade on the use of the quarterly costs methodology (Officine Tecnosider v. United States, CIT # 23-00001).
Wooden cabinet importers referring to themselves as Cabinetworks Companies made a number of arguments Feb. 26 opposing a Commerce Department scope ruling, culminating in an attack on the department’s country-wide antidumping and countervailing duty determinations (ACProducts v. United States, CIT #s 24-00155, -00156).
Three parties in a sprawling dispute over Canadian lumber each replied Feb. 21 to the U.S. argument that Loper Bright doesn't apply to judicial review of the Commerce Department’s administrative review of Canadian softwood lumber (see 2502140050) (Government of Canada v. United States, CIT # 23-00187).
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Steel importer Seneca Foods Corp. urged the U.S. Court of Appeals for the Federal Circuit on Feb. 21 to overturn the Commerce Department's rejection of its Section 232 steel tariff exclusion requests, claiming its approach to exclusion requests "sought to ensure that the President's aims" in imposing the tariffs "would be fully realized." Seneca said the fact that U.S. Steel Corp., which objected to Seneca's requests, "declined to supply the very same volumes for which Seneca sought exclusions should be dispositive" (Seneca Foods Corp. v. United States, Fed. Cir. # 25-1310).
The Court of International Trade upheld on Feb. 25 the Commerce Department's inclusion of Precision Components' low-carbon steel blanks in the scope of the antidumping duty order on tapered roller bearings from China. Judge Joseph Laroski said Commerce was entirely in line when it considered a prior scope ruling asked for by Precision and concluded that the products at issue in the prior scope ruling were identical to the products considered in the subsequent scope case.
Fourteen models of passenger vehicle and light truck wheels imported by Keystone Automotive Industries aren’t subject to antidumping and countervailing duty orders on steel wheels 12 to 16.5 inches in diameter from China (A-570-090/C-570-091), the Commerce Department announced in a Feb. 24 scope ruling. Keystone’s wheels can’t be used for trailers, it explained.
Anti-forced labor advocacy group International Rights Advocates (IRAdvocates) doesn't have standing to challenge CBP's failure to respond to a withhold release order petition to ban cocoa from Cote d'Ivoire, the U.S. argued in a Feb. 20 reply brief at the U.S. Court of Appeals for the Federal Circuit. The government claimed that IRAdvocates has not established that it suffered an "injury in fact." It also said any alleged injury isn't "traceable" to the "non-issuance of a WRO," and that the alleged injury isn't "redressable" by CBP (International Rights Advocates v. Kristi Noem, Fed. Cir. # 24-2316).
The Commerce Department properly included Asia Wheel Co.'s trailer wheels made of Chinese rims and Thai discs in the scope of the antidumping duty and countervailing duty orders on steel trailer wheels from China, the Court of International Trade held in a pair of nearly identical decisions. Judge Gary Katzmann said that Commerce didn't illegally expand the scope of the orders since the agency left open the possibility in the original AD/CVD investigations to discuss mixed-origin wheels in a later scope ruling.