The Commerce Department can't use information it knows to be incorrect, exporter Nagase said in its Sept. 8 remand comments to the Court of International Trade. In its Aug. 9 remand redetermination (see 2308100028) covering the 2018-20 administrative review of the antidumping duty order on glycine from Japan, Commerce knew that the constructed export price value sales were incorrect but used those values anyway despite correct information on the record, Nagase said. The court can't sustain a determination created using knowingly false information, Nagase said, arguing for another remand (Nagase & Co. v. U.S., CIT # 21-00574).
The Court of International Trade in a Sept. 12 opinion dismissed two counts from exporter HiSteel Co. in a case on the 2019-20 review of the antidumping duty order on heavy walled rectangular welded carbon steel pipes and tubes from South Korea. Judge Gary Katzmann dismissed as nonjusticiable the counts that challenged the Commerce Department's use of the transactions disregarded rule for HiSteel's reported costs of slitting services and its adjustment of HiSteel's reported scrap offset. He said prevailing on the two claims would not lead to a change in the dumping margin. Katzmann stayed the case, which also contests the agency's use of the Cohen's d test to root out "masked" dumping, pending resolution of Stupp Corp. v. U.S. at the U.S. Court of Appeals for the Federal Circuit.
The Court of International Trade on Sept. 11 ordered parties to answer whether there are any outstanding questions of fact in a customs spat on GoPro Hero camera housings. Judge Timothy Reif wants the issue resolved to see if the case is "ripe for summary judgment."
The following lawsuit was recently filed at the Court of International Trade:
The U.S. asked for a stay of a case at the U.S. Court of Appeals for the Federal Circuit on an Enforce and Protect Act investigation on the alleged transshipment of Chinese xanthan gum via India. The government said the case should be suspended until the Royal Brush Manufacturing v. U.S. matter is resolved (All One God Faith v. United States, Fed. Cir. #s 23-1078, -1081).
The federal government opposed referral of a customs case to mediation since the proper classification of the product in question -- The Comfy blanket sweatshirt -- "is not of the type that is likely to be resolved through mediation." Filing its opposition to importer Cozy Comfort's motion for a postassignment conference to explore mediation at the Court of International Trade, the U.S. said mediation would not be beneficial, adding that the proceeding is "not a complex case" (Cozy Comfort Company v. United States, CIT # 22-00173).
The Commerce Department erred by not removing countervailing duty costs from the prices used to establish export price and constructed export price in the 2021 review of the antidumping duty order on softwood lumber products from Canada, petitioner Committee Overseeing Action for Lumber International Trade Investigations or Negotiations argued (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. U.S., CIT # 23-00189).
No record evidence supports the Commerce Department's finding that imports of plywood from Vietnam circumvented the antidumping and countervailing duty orders on certain hardwood plywood products from China, Vietnamese producer and exporter Greatriver Wood said in a Sept. 8 complaint to the Court of International Trade (Greatriver Wood v. U.S., CIT # 23-00155).
The Court of International Trade in a Sept. 11 opinion ordered litigants in a customs case on GoPro camera cases to address whether any "material facts in dispute" are outstanding or whether the case is "ripe for summary judgment." Judge Timothy Reif said it appears there are lingering questions of fact regarding whether the camera housings feature lens coverings that obstruct the camera's use when enclosed within the housings, whether the camera is functional as a camera and if the camera's spring buttons on the housing are designed to resist pressure.
The Commerce Department failed to comply with a Court of International Trade remand order in a countervailing duty case concerning forged steel fluid end blocks from Germany, exporter Edelstahl said in its Sept. 6 remand comments at the Court of International Trade. Edelstahl's comment contested the second remand redetermination by the Commerce Department, which continued to find that Germany's KAV program was de jure specific and could be countervailed (BGH Edelstahl Siegen v. U.S., CIT # 21-00080).