Untethering the six-year statute of limitations for customs bonds from the date an entry is liquidated would impair the ability of customs sureties to function, and CBP’s attempt to collect on a bond issued by Aegis Security Insurance eight years after liquidation is an unreasonable delay that would cause real harm to the surety, Aegis said in a brief filed Sept. 16 at the Court of International Trade.
The Court of International Trade remanded the Commerce Department's final results in an antidumping duty administrative review that made a particular market situation adjustment to the cost of production in a sales-below-cost test in a Sept. 23 order. Judge Gary Katzmann said that the statute does not permit PMS adjustment to sales-below-cost tests when calculating normal value. The ruling came in a case brought by mandatory respondents HiSteel and Kukje, which challenged an administrative review of the antidumping duty order on heavy walled rectangular welded carbon steel pipes and tubes from South Korea.
The Commerce Department's mandatory respondent selection process in a countervailing duty case on wood flooring resembled "Russian roulette" due to fundamental errors in the CBP data used to make the respondent picks, plaintiffs in a case at the Court of International Trade said in four briefs (Jiangsu Senmao Bamboo and Wood Industry Co., Ltd., et al. v. United States, CIT Consol. #20-03885).
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department violated the law when it found that antidumping duty review respondent BlueScope Steel Pty did not reimburse its U.S. affiliate, BlueScope Steel Americas (BSA), for antidumping duties, U.S. Steel Corp. said in a Sept. 20 complaint at the Court of International Trade. The agency failed to consider evidence provided by U.S. Steel that detracts from the agency's conclusion and failed to provide a reasoned explanation that reimbursement was not occurring, the steel giant said (United States Steel Corporation v. United States, CIT #21-00528).
The Commerce Department violated the law when it decided not to undertake a scope inquiry upon the request of Zhejiang Yuhua Timber Co., A-Timber Flooring Company Limited and Mullican Flooring Co., the three companies said in a Sept. 17 complaint at the Court of International Trade (Zhejiang Yuhua Timber Co. Ltd., et al. v. United States, CIT #21-00502).
LG Electronics, and its U.S. affiliate, launched a case at the Court of International Trade against the International Trade Commission for freezing out certain members of its counsel from a safeguard extension proceeding on solar panels, in a Sept. 16 complaint. The ITC did not grant full access to proprietary information for all of LGE's legal team, from the firm Curtis Mallet-Prevost, due to the lawyers' roles in representing China in a dispute settlement case at the World Trade Organization (LG Electronics USA, Inc., et al. v. United States, CIT 21-00520).
The Court of International Trade said the Commerce Department had sufficient evidence in its changed circumstances review that found that the situation had not changed regarding countervailable subsidies for Argentina's biodiesel industry. Judge Gary Katzmann, in a Sept. 21 opinion, also held that Commerce, which originally found changed circumstances but later switched back to a finding of no changed circumstances, acted in accordance with the law.
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department's decision to grant byproduct offsets for an antidumping review respondent's fish oil and fish meal exports was backed by sufficient evidence, the Court of International Trade said in a Sept. 20 order. Judge Jennifer Choe-Groves also ruled that Commerce's determination that the Global Trade Atlas' (GTA) data was the best available to calculate a surrogate value for the two byproducts was properly supported.