The Court of International Trade's Pay.gov system will undergo maintenance 6 p.m. to 10 p.m. EDT May 4, the court announced. Documents that require payment through Pay.gov won't be able to be filed on CM/ECF during this time.
The U.S. and a domestic petitioner April 25 opposed an importer’s motion for judgment in a scope case, arguing that, because the product at issue was coated with a substance that promotes the adherence of ink and other artist materials, the importer’s canvas banner matisse was subject to an antidumping duty order on certain artist canvas from China (Printing Textiles, LLC v. U.S., CIT # 23-00192).
German exporter thyssenkrupp Rasselstein filed a notice of dismissal on April 26 at the Court of International Trade in its case contesting the Commerce Department's final determination in the antidumping duty investigation on tin mill products from Germany. The dismissal came before the company filed its complaint in the suit, only filing the summons on March 29. Counsel for the exporter didn't respond to a request for comment (thyssenkrupp Rasselstein v. United States, CIT # 24-00067).
The Court of International Trade in an April 19 decision made public April 29 remanded the Commerce Department's second remand results in a case on the 2018 review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea. Judge Mark Barnett for the third time sent back Commerce's decision not to start an investigation into the countervailability of the off-peak sale of electricity. The court said Commerce must address an allegation made by petitioner Nucor Cop. and explain why evidence the company submitted is "insufficient" for the agency to investigate the "off-peak pricing" under the existing "low standard" to open an investigation. Barnett also sustained Commerce's finding that exporter POSCO and input supplier Plantec aren't "cross-owned" due to Nucor's failure to raise the issue administratively.
Importer Netgear filed a complaint at the Court of International Trade on April 26 seeking reliquidation of re-imported LTE routers under duty-free Harmonized Tariff Schedule subheading 9802.00.50. The company is seeking refunds of any overpayments of Merchandise Processing Fees and Harbor Maintenance Fees, along with a refund of Section 301 duties (Netgear v. United States, CIT # 22-00129).
Thai exporter Sahamitr Pressure Container is challenging the Commerce Department's decision to reclassify certain cylinders as outside the scope of the antidumping duty order on steel propane cylinders from Thailand as part of its model match methodology. In its complaint, filed at the Court of International Trade April 24, Sahamitr also challenged Commerce's use of the Cohen's d test to detect "masked" dumping in the 2021-22 review of the AD order (Sahamitr Pressure Container v. U.S., CIT # 24-00064).
Several importers appealed for relief April 22 to the U.S. Court of Appeals for the Federal Circuit, saying in their opening brief that the International Trade Commission wrongly reached an affirmative critical circumstances determination regarding their Vietnamese honey imports and the Court of International Trade erroneously upheld it (Sweet Harvest Foods v. U.S., Fed. Cir. # 24-1370).
Antidumping petitioner SSAB Enterprises argued that the Commerce Department was justified in using partial adverse facts available against respondent Salzgitter Flachstahl due to the company's failure to cooperate to the best of its ability. While Salzgitter said it couldn't submit certain requested information because one of its affiliated resellers, Salzgitter Mannesmann Stahlhandel, didn't keep that information, SSAB said that "Salzgitter cannot rely on" Salzgitter Mannesmann's "sloppy recordkeeping as a valid excuse to justify its failure to provide Commerce with the requested manufacturer information" (AG der Dillinger Huttenwerke v. United States, Fed. Cir. # 24-1219).
The statute on deemed liquidation for drawback claims "doesn't make sense as written," Judge Jane Restani said during April 18 oral arguments at the Court of International Trade. She said that both importer Performance Additives and the government are "adding terms to the statutes that aren't there," but said she understands because "none of this can work if we just read the words that are there" (Performance Additives v. United States, CIT # 22-00044).
The Commerce Department abused its discretion by denying an exporter’s supplemental questionnaire extension request amid the COVID-19 pandemic’s 2021 delta variant wave, Court of International Trade Judge Stephen Vaden ruled April 25. He pointed out that, by the time of the rejection, three of Simec’s key accountants had died of the disease and a fourth was "hospitalized and intubated."