The Court of International Trade in a decision made public Nov. 15 held that Congress meant to give the Commerce Department wide latitude to correct for "masked" dumping, sustaining the agency's differential pricing analysis. Judge Claire Kelly previously rejected exporter Garg Tube's challenge to the differential pricing analysis on the grounds that the company failed to exhaust its administrative remedies. In response to Garg's claim that the end of judicial deference to agencies' interpretations of federal statutes eliminated the need for exhaustion here, Kelly said this claim must fail because a statutory interpretation of the applicable statute doesn't "materially alter the result in this case." Kelly also sustained Commerce's decision on remand to drop its use of adverse facts available against Garg Tube.
Court of International Trade activity
Nvidia CMP 170 HX graphics processing units should be excluded from Section 301 tariffs on China, importer Atlas Power argued in a Nov. 13 motion for judgment at the Court of International Trade (Atlas Power v. United States, CIT # 23-00084).
The following lawsuit was recently filed at the Court of International Trade:
The U.S. and domestic producers of superabsorbent polymers Nov. 12 both supported the Commerce Department's redetermination on remand that switched back to its preliminary determination’s method of model matching in a highly technical case (see 2406170034) (The Ad Hoc Coalition of American SAP Producers v. United States, CIT # 23-00010).
A U.S. mattress importer on Nov. 12 opposed the government’s motion to dismiss its challenge to the International Trade Commission’s critical circumstances determination on mattresses from Burma, saying that its questionnaire response in the ITC’s investigation was enough to give it standing at the Court of International Trade (Pay Less Here v. U.S., CIT # 24-00152).
The U.S. brief opposing exporter Koehler Oberkirch GmbH's petition for mandamus relief on the question of whether the government properly served the exporter relies on "case law of other circuits" and not the U.S. Court of Appeals for the Federal Circuit, Koehler argued. Filing a response brief on Nov. 12, the exporter said the "law of other jurisdictions does not determine legal error or a clear abuse of discretion in this Circuit" (In Re Koehler Oberkirch GmbH, Fed. Cir. # 25-106).
The Court of International Trade dismissed Byungmin Chae's second lawsuit challenging his results of the April 2018 customs broker license exam, finding that the suit is precluded by the Nebraska resident's first case challenging the test.
Exporter Hoshine Silicon (Jia Xiang) Industry Co. has no statutory or constitutional standing to challenge CBP's issuance of or refusal to modify the withhold release order on silica-based products made by its parent company Hoshine Silicon or its subsidiaries, the U.S. argued. Filing a reply brief at the Court of International Trade on Nov. 8, the government said Hoshine offered an incorrect "zone of interests" analysis to bolster its claim of statutory standing (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
The Commerce Department prorated the countervailing duty set on exporter The Ancientree Cabinet Co. in the countervailing duty investigation on wooden cabinets and vanities from China to account for the percentage of its U.S. customers that failed to verify nonuse of China's Export Buyer's Credit Program (Dalian Meisen Woodworking Co. v. U.S., CIT # 20-00110).
The following lawsuit was recently filed at the Court of International Trade: