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).
Country of origin cases
Exporter Saha Thai Steel Pipe Public Co. on June 21 petitioned the U.S. Court of Appeals for the Federal Circuit for either a panel or en banc rehearing of its decision to include dual-stenciled pipe in the scope of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand (see 2405150027) (Saha Thai Steel Pipe Public Co. v. United States, Fed. Cir. # 22-2181).
The following lawsuit was recently filed at the Court of International Trade:
A Thai truck wheel exporter, which brought a case against the Commerce Department last year regarding the scope of antidumping and countervailing duty orders on Chinese truck wheels, said June 18 that petitioners were just trying to challenge the Commerce Department’s “misinterpretation of the plain language of the scope” (Asia Wheel Co. v. U.S., CIT Consol. # 23-00143).
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%.
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.
After two remands by Court of International Trade Judge Jennifer Choe-Groves, the Commerce Department continued to sustain its use of Brazilian and Malaysian surrogate data in the final results of its 2019-2020 administrative review of the antidumping duty order on multilayered wood flooring from China, again assigning a plaintiff exporter a 16.17% AD margin (Jiangsu Senmao Bamboo and Wood Industry Co. v. U.S., CIT # 22-00190).
The Court of International Trade on June 20 sustained the International Trade Commission's five-year sunset review of the antidumping and countervailing duty orders on hot-rolled steel from Turkey. Exporter Erdemir claimed that the ITC's finding that injury would likely recur if the orders went away was invalid because later developments rendered the underlying injury determination invalid. Judge Gary Katzmann rejected this claim, saying the original injury finding "remains a final and binding agency action." The judge noted that the finality of unrevoked administrative decisions is "particularly important in the trade context" because of the need for "beacons of certainty."
The Court of International Trade dismissed importer Greentech Energy Solutions' challenge to antidumping and countervailing duties on Chinese solar cells to its Vietnamese solar cell entries for lack of subject-matter jurisdiction under Section 1581(i), the court's "residual" jurisdiction.