The Court of International Trade on Aug. 16 remanded the Commerce Department's cost calculations for a Brazilian paper manufacturer in the third administrative review of the antidumping duty order on uncoated paper from Brazil. Judge Gary Katzmann remanded back to Commerce the issue of its inclusion of Suzano’s derivative expenses in its cost of production. The judge ordered Commerce to provide the court with its remand results within 90 days.
The five-year statute of limitations for fraudulent civil penalty enforcement action in the Court of International Trade might begin to run from the date the government is sufficiently on notice rather than on the date of documented confirmation, Greenlight Organic, Inc. and Parambir Singh Aulakh argued in an Aug. 12 motion for an interlocutory appeal to the U.S. Court of Appeals for the Federal Circuit to decide the statute of limitations issue (U.S. v. Greenlight Organic and Parambir Singh Aulakh, CIT #17-00031).
The following lawsuits were recently filed at the Court of International Trade:
The government notified the Court of International Trade that it has inadvertently liquidated bifacial solar panels following a CIT order in December that suspended liquidation. The government told the court that CBP is taking steps to correct the mistake and that it has communicated with the plaintiffs and non-parties affected by the liquidations.
Imported carbon steel tubing lined with epoxy coating is properly classified in the tariff schedule as steel tubing, not insulating fittings, because testing shows the tubing does not meet a specific electrical resistance threshold, the government said in its Aug. 11 cross-motion for summary judgment at the Court of International Trade (Shamrock Building Materials v. United States, CIT # 20-00074).
Plaintiffs in an antidumping duty case, led by Ellwood City Forge, shouldn't be allowed reconsideration at the Court of International Trade following the dismissal of their case challenging the Commerce Department's failure to conduct verification in an antidumping duty investigation due to COVID-19 travel restrictions, the government said in an Aug. 11 response motion (Ellwood City Forge v. United States, CIT #21-00073).
CBP's Office of Regulations and Rulings abused its discretion when it overturned a determination of evasion on administrative review, the Aluminum Extrusions Fair Trade Committee (AEFTC) said in an Aug. 11 complaint at the Court of International Trade (Aluminum Extrusions Fair Trade Committee v. United States, CIT # 22-00236). AEFTC is challenging the results of the administrative review that reversed an earlier CBP finding that Kingtom Aluminio had evaded antidumping and countervailing duty orders on aluminum extrusions from China by transshipping them through the Dominican Republic (see 2208090018). AEFTC argued that the results of the administrative review "undermined the evidence collected at the on-site verification and accepted Kingtom’s proffered reconciliation of its production data," which CBP had previously rejected. AEFTC asked the court to remand the matter to CBP.
The Court of International Trade agreed with the government that a nitrogen oxide sensor probe for diesel engines should be classified as an instrument of chemical analysis under Harmonized Tariff Schedule heading 9027, rather than an instrument of measurement under heading 9026 (Continental Automotive Systems, Inc. v. U.S., CIT #18-00026). In an Aug. 12 opinion, Judge Jane Restani ruled in favor of the government's March 8 cross-motion for summary judgment (see 2203140007).
CBP's Trade Remedy Law Enforcement Directorate recently upheld on review a finding that AA Metals evaded antidumping and countervailing duties on common alloy aluminum sheet from China, it said in a decision following an Enforce and Protect Act administrative review. AA Metal submitted the request for review in May after CBP issued an April determination of evasion (see 2204070042). The investigation followed a March 2020 EAPA allegation by Texarkana Aluminum against AA Metals, alleging that AA Metals entered common alloy aluminum sheets of Chinese origin into the U.S. via transshipment through Turkey to evade AD/CVD duties on aluminum from China.
A law firm representing a plaintiff in a classification case at the Court of International Trade says that its client has become unresponsive and will again ask the court for permission to withdraw its representation as counsel for Guangdong Hongteo Technology Co., Ltd., according to an Aug. 11 status report at CIT (Guangdong Hongteo Technology Co. v. U.S., CIT #20-03776). The firm, Rock Trade Law, has previously tried to withdraw its representation over alleged outstanding legal fees but Judge Jennifer Choe-Groves said that since the plaintiff is a company and not a person, Rock Trade Law could not leave the case without substitute counsel first being identified (see 2207110070).