Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Court of International Trade on March 1 rejected importer Diamond Tools Technology's request for attorney fees in its suit challenging CBP's finding that the company evaded the antidumping duty order on diamond sawblades from China. Judge Timothy Reif said that since the case presented two issues of "first impression," the government's position was "substantially justified."
The Court of International Trade on March 1 denied importer Diamond Tools Technology's application for attorney fees in an Enforce and Protect Act lawsuit, finding that "the government was justified in litigating its position" regarding the finding of evasion since the "underlying legal issues were ones of first impression." The issues of whether CBP is bound by the timeline created by the Commerce Department's start of a circumvention inquiry and whether the importer made a "material and false statement or act, or material omission" under EAPA were both novel questions.
CBP imposed interim restrictions on an importer without informing it of an ongoing Enforce and Protect Act investigation, then put partly confidential information on the record without notice so that the importer couldn’t rebut it, that importer said in a Feb. 26 complaint at the Court of International Trade (Superior Commercial Solutions LLC v. U.S., CIT # 24-00052).
CBP announced an Enforce and Protect Act investigation saying there is reasonable suspicion that several companies evaded the antidumping and countervailing duty orders on mattresses from China and Vietnam. The companies are Beanomy, IYEE Nature, Kelanch, Wakodo Household Supply, Xinshidian Trading, Zevoky, Kakaivy, Weekaly, Heniddy, Ryan James Engineering, Sunwind Trading and Anlowo. The agency said this finding made the enactment of interim measures necessary.
Judge Lisa Wang, confirmed to the Court of International Trade on Feb. 1, was assigned to her first case at the trade court. The matter was reassigned to Wang after Judge Stephen Vaden recused himself since his former law clerk appeared in the action (see 2402120046). The case was brought by the American Kitchen Cabinet Alliance to challenge CBP's determination in an Enforce and Protect Act proceeding that importer Scioto Valley Woodworking didn't evade the antidumping and countervailing duty orders on wooden cabinets from China (see 2401230073) (American Kitchen Cabinet Alliance v. United States, CIT # 23-00140).
CBP announced an Enforce and Protect Act investigation on whether Shari Pharmachem USA evaded the antidumping and countervailing duty orders on glycine from China. The agency said it found reasonable suspicion existed that the importers had transshipped Chinese-origin xanthan gum through India, necessitating the imposition of interim measures.
CBP found substantial evidence that Legion Furniture evaded antidumping and countervailing duty orders covering quartz surface products from China, but didn't find substantial evidence that Vanity Art evaded the same orders. CBP, in an Enforce and Protect Act Notice of Determination dated Feb. 9, said that Legion declared the merchandise as Vietnamese-origin wood furniture without declaring the quartz surface product components as subject to the orders on entry.
The U.S. on Feb. 9 argued the Commerce Department correctly considered all relevant prior scope rulings in finding that an importer’s bricks are within the scope of antidumping and countervailing duty orders on magnesia carbon bricks from China (Fedmet Resources v. U.S., CIT # 23-00117).
CBP found substantial evidence that Exquis, Lollicup USA and Sanster evaded antidumping and countervailing duty orders covering thermal paper, the agency said. It found that all three importers evaded the orders on thermal paper from China and found that Exquis also evaded the AD order on thermal paper from South Korea, CBP said.