CBP failed to consider material evidence when it found that importer Scioto Valley Woodworking didn't evade the antidumping and countervailing duty orders on wooden cabinets and vanities from China, the Court of International Trade said in a decision made public last week. Judge Lisa Wang said CBP didn't sufficiently consider evidence of the Haiyan Group's ownership of Scioto and its affiliated supplier, Alno, and it didn't adequately discuss the contents of an additional warehouse disclosed by Alno.
The U.S. argued Nov. 15 that an importer of Chinese-origin countertops had waived its challenge to CBP’s practice of initiating Enforce and Protect Act inquiries based on the agency’s “date of receipt” of a petition (Superior Commercial Solutions v. United States, CIT # 24-00052).
Importer Lionshead Specialty Tire and Wheel argued that the continued application of an injunction on the liquidation of its "Method B" wheel entries is "inequitable," since the plain reading of the injunction shows that the Method B wheels never have been enjoined. Responding to opposition from AD/CVD petitioner Dexstar Wheel Division of Americana Development Inc. to Lionshead's bid to amend the PI at the Court of International Trade, Lionshead added that the amendment wouldn't reverse a CBP decision, as Dexstar claims (Lionshead Specialty Tire and Wheel v. United States, CIT Consol. # 24-00019).
Responding to a June 20 motion for judgment by an importer of mineral-based countertops, the U.S. said Oct. 28 that the importer’s products were covered by antidumping and countervailing duties on quartz surface products from China that the importer was allegedly attempting to evade (Vanguard Trading Co. v. U.S., CIT # 23-00253).
The U.S. Court of Appeals for the Federal Circuit on Oct. 21 dismissed importer Phoenix Metal Co.'s appeal of CBP's affirmative finding that the company evaded the antidumping and countervailing duty orders on cast iron soil pipe from China by transshipping through Cambodia (see 2406100027). The Court of International Trade rejected Phoenix's due process claims, which faulted CBP for failing to notify the company that it was subject to an interim EAPA investigation, finding that the company failed to allege that it suffered specific-enough arm by being subject to the interim measures without adequate notice (Phoenix Metal Co v. U.S., Fed. Cir. # 24-2222).
The U.S. asked the Court of International Trade on Oct. 18 for a voluntary remand of the final results of the Commerce Department's 2019-2020 review of the countervailing duty order on aluminum extrusions from China, saying it wants to consider the impact of recent remand results in the cases Global Aluminum Distributor v. U.S. and H&E Home v. U.S. (see 2209080013) (Kingtom Aluminio v. United States, CIT Consol. #22-00072).
AD/CVD petitioner Dexstar Wheel Division of Americana Development on Oct. 15 opposed importer Lionshead Specialty Tire and Wheel's motion to amend a preliminary injunction in an antidumping and countervailing duty evasion case on steel trailer wheels to allow CBP to liquidate some of its entries. Dexstar said Lionshead failed to show that its entries are the specific type of wheels found by the Commerce Department to be excluded from the AD/CVD orders on the steel trailer wheels from China (Dexter Distribution Group LLC v. U.S., CIT Consol. # 24-00019).
Importer Phoenix Metal Co. on Oct. 16 voluntarily dismissed its appeal of an Enforce and Protect Act proceeding at the U.S. Court of Appeals for the Federal Circuit. The Court of International Trade sustained CBP's finding that the company evaded the antidumping and countervailing duty orders on cast iron soil pipe from China by transshipping the pipe through Cambodia (see 2406100027). The trade court rejected Phoenix's due process claims, which faulted CBP for failing to notify the company that it was subject to an interim EAPA investigation, finding that Phoenix failed to allege that it suffered specific-enough harm by being subject to the interim measures without adequate notice. Counsel for Phoenix declined to comment on the decision to drop the appeal (Phoenix Metal v. U.S., CIT # 23-00048).
In oral arguments Oct. 8, the U.S. Court of Appeals for the Federal Circuit indicated that the plaintiff challenging an Enforce and Protect Act evasion finding whose entries have all already been liquidated was likely not going to succeed in reversing the dismissal of its case by the Court of International Trade (see 2208180045) (All One God Faith v. U.S., Fed. Cir. # 23-1078).
An importer of aluminum extrusions from China -- one of those found by the Court of International Trade in June to have not evaded antidumping and countervailing duties (see 2407100048) -- asked the trade court to award it attorney’s fees, saying that, as a result of the litigation, it had gone out of business (H&E Home v. U.S., CIT Consol. # 21-00337).