A finding of evasion against Skyview Cabinet USA was arbitrary and capricious because CBP failed to establish that the subject wooden cabinets and vanities were covered merchandise at the time they were made and because CBP failed to follow Enforce and Protect Act procedures when it applied adverse inferences, Skyview said in its Oct. 23 opening brief at the U.S. Court of Appeals for the Federal Circuit (Skyview Cabinet USA v. U.S., Masterbrand Cabinets Inc., Fed. Cir. # 23-2318).
The Court of International Trade in an Oct. 23 opinion denied importer PrimeSource Building Products' motion for a partial stay of enforcement of a judgment in its suit against President Donald Trump's expansion of Section 232 steel and aluminum duties onto "derivative" products while the decision is on appeal at the U.S. Supreme Court. Judges Jennifer Choe-Groves, M. Miller Baker and Timothy Stanceu said that PrimeSource "has not met its burden of demonstrating its entitlement to a different outcome than that reached by" the U.S. Court of Appeals for the Federal Circuit when that court denied a similar stay bid by the importer.
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit in an Oct. 20 order granted the U.S. request for 55 more days to file its reply brief in the massive Section 301 litigation, despite an objection from the plaintiff-appellants, led by HMTX Industries. The government's reply brief is now due Dec. 21 following the extension, which was the second of its kind following a 60-day extension (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The International Trade Commission has discretion on when to cumulate imports in injury determinations, the commission said in its Oct. 19 opposition memo at the Court of International Trade. That discretion extended to the commission's decision to cumulate imports from Australia with other shipments in its sunset review of the antidumpingm duty orders on steel goods from Australia, Japan, the Netherlands, Russia, South Korea, Turkey and the U.K., it said (BlueScope Steel v. U.S., CIT # 22-00353).
The Court of International Trade should partially end a case for one of two plaintiffs as its claims have already been ruled on by the court, German exporter and consolidated plaintiff Salzgitter Mannesmann Grobblech said in its Oct. 19 motion for partial judgment (AG der Dillinger Huttenwerke v. U.S., CIT Consol. # 17-00158).
A suit filed to contest the classification of photoresists and other chemical products should be tossed because the complaint was filed more than nine years after the denial of protests, DOJ said in an Oct. 20 motion to dismiss at the Court of International Trade (Tokyo Ohka Kogyo America v. U.S., CIT # 21-00371).
The Commerce Department wasn't required to issue exporter Jin Tiong Electrical Materials Manufacturer a questionnaire for purposes of giving the company a separate antidumping duty rate, the U.S. government told the U.S. Court of Appeals for the Federal Circuit in an Oct. 20 reply brief. The government said 19 U.S.C. § 1677f-1(c)(1) -- the statute relied on by Jin Tiong to claim that Commerce can't limit the number of respondents when the number is small -- doesn't speak to a process that Commerce must follow in carrying out its separate rate examinations (Repwire v. United States, Fed. Cir. # 23-1933).
The Court of International Trade in an Oct. 20 order granted the U.S. request for a remand in an antidumping and countervailing duty evasion case to review the implications of the U.S. Court of Appeals for the Federal Circuit's ruling in Royal Brush Manufacturing v. U.S. In that decision, the appellate court found CBP's failure to grant Enforce and Protect Act respondents access to the confidential information in the proceeding violated their due process rights (Newtrend USA Co. v. United States, CIT # 22-00347).
The Court of International Trade in an Oct. 23 opinion rejected importer PrimeSource Building Products' request for a stay pending its U.S. Supreme Court appeal of a decision allowing the expansion of Section 232 steel and aluminum duties onto "derivative" products. Judges Jennifer Choe-Groves, M. Miller Baker and Timothy Stanceu refused to overturn a U.S. Court of Appeals for the Federal Circuit decision rejecting a stay request. Baker, penning a concurring opinion, said the court lacks authority to stay the Federal Circuit's judgment, but even if it did, the importer has not shown irreparable injury because the court has the authority to order reliquidation.