An importer on June 20 accused CBP of placing “wholly unrelated” lab tests on the record to support an evasion decision and illegally refusing to consider the scope ruling that importer sought from the Commerce Department. As a result, it said, the CBP’s final determination was unlawful (Vanguard Trading Co. v. U.S., CIT # 23-00253).
The Court of International Trade in a June 13 decision made public June 24 said the Commerce Department properly found that Aussie exporter BlueScope Steel (AIS) didn't reimburse its affiliated importer BlueScope Steel Americas (BSA) for antidumping duties. Sustaining the second review of the AD order on hot-rolled steel flat products from Australia, Judge Richard Eaton said that Commerce also properly declined to make a "standalone deduction" from the constructed export price for "profit resulting from the further manufacture of the steel in the United States."
Exporters Guizhou Tyre Co. and Aeolus Tyre Co. said in a June 20 reply brief that the U.S. ignored the manner in which the U.S. Court of Appeals for the Federal Circuit said presumptions operate under the Federal Rules of Evidence (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2163).
Although the Court of International Trade rejected the International Trade Commission’s analysis in its affirmative injury determination regarding boxed mattresses from various Asian countries as “mathematical obfuscation and statistical chicanery,” it didn’t remand like it should have, an exporter told the U.S. Court of Appeals for the Federal Circuit on June 21 (CVB, Inc. v. U.S., Fed. Cir. # 24-1504).
The U.S. Court of Appeals for the Federal Circuit on June 21 sustained the Commerce Department's countervailing duty investigation on utility scale wind towers from Canada, keeping the CVD rate for respondent Marmen Energy just above the de minimis threshold at 1.18%.
The Commerce Department ignored the rulings in past cases when it reached de facto and de jure specificity findings regarding two broadly used Korean government programs, a Korean steel exporter said in a motion for judgment June 17 (POSCO v. U.S., CIT # 24-00006).
Court of International Trade Judge Timothy Reif, during June 13 oral argument, expressed skepticism at Turkish exporter Erdemir's bid to stay in court under Section 1581(i) in its case challenging the International Trade Commission's decision not to hold a reconsideration proceeding regarding whether Turkish hot-rolled steel flat products injured the U.S. market (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT Consol. # 22-00349).
The Court of International Trade on June 20 said that the Commerce Department's amended antidumping duty finding, excluding Turkish exporter Colakoglu from the AD order on hot-rolled steel from Turkey, doesn't invalidate the International Trade Commission's five-year sunset review of the order.
A Turkish rebar exporter and the government held oral arguments last week over the countervailability of a Turkish subsidy that Court of International Trade Judge Gary Katzmann implied could be considered de jure, but not de facto, specific. They also debated the reliability of a report on land benchmark prices that was prepared specifically for litigation and that included government rates (Kaptan Demir Celik Endustrisi ve Ticaret v. U.S., CIT #23-00131).
CBP said in a customs ruling earlier this month that luxury goods sold between a related European exporter and U.S. importer weren't subject to restrictions on their use that barred the use of the transaction method. In addition, CBP excluded service fees between the companies from the actual price of the goods since the fees didn't pertain to the goods' importation, and the agency found that the relationship between the parties didn't preclude the use of the transaction value method to appraise the value of the goods.