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.
Importer Vanguard National Trailer Corp. challenged CBP's finding that the company evaded the antidumping and countervailing duty orders on Chinese truck wheels, filing a complaint on Feb. 6 at the Court of International Trade. The importer said CBP improperly assessed AD/CVD on its entries from before May 12, 2021 -- the date on which the Commerce Department started a scope inquiry on whether Vanguard's truck wheels, imported from Thai manufacturer Asia Wheel, were covered by the AD/CVD orders (Vanguard National Trailer Corp. v. United States, CIT # 24-00034).
Three importers of trailer wheels filed complaints in the Court of International Trade on Jan. 30 contesting the Commerce Department’s determination that their wheels were subject to antidumping and countervailing duties and the importers had attempted to evade them (Trailstar LLC v. U.S., CIT # 24-00021; Lionshead Specialty Tire and Wheel LLC v. U.S., CIT # 24-00020; Dexter Distribution Group LLC v. U.S., CIT # 24-00019).
The following trade-related lawsuits were recently filed at the Court of International Trade:
Pipe importers supported CBP's final redetermination on remand that imported Chinese-origin “rough” carbon steel butt-weld pipe fittings, which only undergo the first stage of processing in China, aren't covered by the antidumping duty order on the finished products. They asked for their suspended entries to be liquidated (Norca Industrial Co. v. United States, CIT Consol. # 21-00192).
The U.S. Court of Appeals for the Federal Circuit on Jan. 26 granted the U.S. request for a voluntary remand in an Enforce and Protect Act case led by American Pacific Plywood to address the Federal Circuit's holding in Royal Brush Manufacturing v. U.S. In that decision, the appellate court said CBP violated an EAPA respondent's due process rights by not providing it with access to confidential business information in the investigation (American Pacific Plywood v. U.S., Fed. Cir. # 23-2321).