The following lawsuit was recently filed at the Court of International Trade:
Correction: The Commerce Department shouldn't have granted a de minimis antidumping duty rate to a respondent in the AD investigation on preserved mushrooms from the Netherlands, the domestic petitioner for the investigation argued in a motion for judgment filed at the Court of International Trade Nov. 21 (see 2312010061) (Giorgio Foods v. U.S., CIT # 23-00133).
Defendant-intervenor New Zealand told the Court of International Trade on March 19 that all parties now agree they would like the court to dissolve a preliminary injunction prohibiting the U.S. and others from purchasing nine types of seafood from certain New Zealand exporters (Sea Shepherd New Zealand v. U.S., CIT # 20-00112).
A Vietnamese exporter and the U.S. both opposed March 20 defendant-intervenors’ motion to consolidate the exporter’s three cases fighting the assignment of adverse facts available to an exporter due to a minor submission delay (Hoa Phat Steel Pipe Co., Ltd. v. U.S., CIT # 23-00250).
Importer Maple Leaf Marketing filed a stipulation of dismissal in its customs suit on the classification of boronized steel tubing. Before the dismissal, the case served as a forum for the government to argue that it could assert counterclaims in customs cases. The U.S. moved to redesignate its counterclaim as a defense, which the Court of International Trade granted after finding that nowhere in Congress' scheme on the classification of goods does the legislative body explicitly let the government assert a counterclaim challenging CBP's classification (see 2306140053). The original counterclaim said that the steel tubes, originally classified by CBP as duty-free U.S. goods returned after repairs, are subject to Section 301 tariffs and correctly classified as unfinished steel tubes (Maple Leaf Marketing v. United States, CIT # 20-03839).
A U.S. petitioner on March 18 again argued that a Dutch preserved mushrooms exporter “significantly impeded” a Commerce Department antidumping duty investigation and that the agency shouldn't have granted the exporter a de minimis AD rate (Giorgio Foods, Inc. v. U.S., CIT # 23-00133).
CBP reversed its finding that four importers evaded the antidumping and countervailing duty orders on hardwood plywood from China on remand at the Court of International Trade. Submitting its remand results on March 20, CBP said that since the Commerce Department reversed its covered merchandise scope decision in a separate trade court case, the importers' goods no longer constitute "covered merchandise" and thus did not evade the AD/CVD orders (Far East American v. United States, CIT Consol. # 22-00213).
The Court of International Trade on March 20 denied U.S. company Deer Park Glycine's bid to consolidate its two cases before the trade court. One case is challenging the Commerce Department's scope ruling which excluded calcium glycinate from the scope of the antidumping and countervailing duty orders on glycine from India, Japan, Thailand and China, while the other contests Commerce's rejection of a second scope ruling request on the same product.
The Commerce Department released the final version of regulations on March 22 that will make various key changes in the administration of antidumping and countervailing duty regulations. The changes take effect April 24.
The Court of International Trade in an opinion made public March 21 sustained parts and remanded parts of the Commerce Department's decision to start the antidumping duty investigation on oil country tubular goods from Argentina. Judge Claire Kelly upheld Commerce's decision to rely on "other information" instead of polling the industry to calculate industry support for the investigation. However, the judge sent back the agency's finding that the data relied on "accurately reflected industry support, including whether finishing operations were counted twice," in light of evidence submitted by the plaintiffs, led by Tenaris Bay City.