The Senate Judiciary Committee is set to vote on two nominations to the Court of International Trade during its Sept. 14 executive business meeting. The two nominees are Lisa Wang, assistant secretary of commerce for enforcement and compliance at the Commerce Department, and Joseph Laroski, partner at Schagrin Associates. The pair faced questioning from the committee in July, where the senators asked about their backgrounds and how their past experiences will shape their decision-making (see 2307270043).
The Court of International Trade lacks jurisdiction to hear importer Greentech Energy Solution's claims challenging CBP's decision to assess antidumping and countervailing duties on its 2019 imports of solar modules from Vietnam, the U.S. said in a Sept. 7 motion to dismiss. The "protest procedure" at CIT and "judicial review" under Section 1581(a) are not "manifestly inadequate" to review Greentech's claims, barring review under Section 1581(i), the government said (Greentech Energy Solutions v. United States, CIT # 23-00118).
Importer Magid Glove & Safety Manufacturing and DOJ argued during oral arguments Sept. 7 whether a test established in a previous U.S. Court of Appeals for the Federal Circuit case meant that plastic-dipped knit gloves are correctly classified as articles of plastic rather than as gloves under the Harmonized Tariff Schedule (Magid Glove & Safety Manufacturing v. U.S., Fed. Cir. # 22-1793).
The Court of International Trade in a Sept. 12 opinion dismissed two claims in an antidumping duty review case, saying success on the arguments would not lead to a changed dumping margin for respondents HiSteel Co. and Dong-a-Steel Co. The claims challenged the Commerce Department's use of the transactions disregarded rule applied to HiSteel's reported costs of slitting services and its adjustment of HiSteel's reported scrap offset. Judge Gary Katzmann said HiSteel's alleged injuries are more "conjectural or hypothetical" than "actual or imminent."
Canadian exporter Midwest-CBK asked the Court of International Trade to enter judgment against it in a case involving whether sales from a Canadian warehouse to U.S. customers are "sales for export to the U.S." or "domestic sales." Midwest said that over the course of the now six-year-old case, it ceased actively doing business and restructured itself, which has made complying with court orders to produce evidence impossible (Midwest-CBK, LLC v. U.S., CIT Consol. # 17-00154).
Exporters China Manufacturer Alliance and Double Coin Holdings will appeal a July Court of International Trade opinion upholding the Commerce Department's decision to assign Double Coin the 105.31% China-wide dumping rate in an administrative review of the AD order on off-the-road tires from China. Per the notice of appeal, the companies will take the case to the U.S. Court of Appeals for the Federal Circuit. In the case, the trade court said that the decision comports with the court's past decision finding that Double Coin did not rebut the presumption of Chinese state control over its export activities (see 2307200020) (China Manufacturers Alliance v. United States, CIT # 15-00124).
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 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 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 following lawsuit was recently filed at the Court of International Trade: