Canada is choosing to call for a binational panel to determine whether the countervailing duty order on its softwood lumber exports is fair, but is challenging the antidumping order at the Court of International Trade.
Two claims of substitution drawback for imports of petroleum derivatives already had been deemed liquidated when CBP later "attempted" liquidation,importer Performance Additives, LLC said in an Aug. 31 motion for judgment at the Court of International Trade. Performance Additives is seeking repayment of over $1.4 million in Section 301 duties it argues were improperly levied (Performance Additives v. U.S., CIT # 22-00044).
A complaint by Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) that challenged the International Trade Commission's decision not to institute a changed circumstances review of the antidumping duty order on hot-rolled steel flat products from Turkey should be dismissed because Erdemir's claim was rendered moot when the ITC conducted a full sunset review, the ITC said in an Aug. 31 brief at the Court of International Trade (Ereğli Demir ve Çelik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00350).
The Court of International Trade on Sept. 1 upheld the final determination in an antidumping duty investigation on raw honey from India, siding with the Commerce Department on the agency's decision to have respondents report their acquisition costs and to verify that information from a subset of their suppliers due top a lack of data from hundreds of individual honey producers.
The Court of International Trade in an Aug. 21 opinion made public Sept. 4 again sent back the Commerce Department's 2018 review of the countervailing duty order on carbon and alloy steel-cut-length plate from South Korea. Judge Mark Barnett said the agency must revisit for the second time its decisions not to investigate the alleged off-peak sale of electricity for less than adequate remuneration and to not treat POSCO Plantec, an affiliate of respondent POSCO, as a cross-owned input supplier for the provision of scrap and the converter vessel.
The following lawsuit was recently filed at the Court of International Trade:
Importer Metal One America moved Aug. 31 to dismiss its customs case at the Court of International Trade concerning its imports of hot-rolled high carbon wire rod tire cord made of steel. In the case, the importer said its product, classified under Harmonized Tariff Schedule subheading 7213.91.3011, qualifies for exclusions from Section 232 steel and aluminum tariffs (Metal One America v. U.S., CIT # 21-00503).
The Court of International Trade in an Aug. 31 order dismissed importer Victaulic Company's customs case concerning its VicFlex sprinkler brackets, per the company's request. Victaulic said its brackets are properly classified as "parts" of machines for dispersing or spraying liquids under Harmonized Tariff Schedule subheading 8424.90.9080 and not subject to Section 301 duties (see 2207180024) (Victaulic v. U.S., CIT # 22-00022).
The U.S. "consistently fails to consider" the filing of a collection action in the Court of International Trade as a valid "'demand' for liquidated duties," surety firm Aegis Security Insurance Co. told the trade court in an Aug. 30 reply brief. Given this failure, the government is illegally trying to limit the concept of "demand" to the issuance of a bill in its attempt to get Aegis to pay a customs bond on entries that liquidated in 2006, the brief said (United States v. Aegis Security Insurance Co., CIT # 20-03628).
The Court of International Trade upheld the Commerce Department's final determination in the antidumping duty investigation on raw honey from India. In his Sept. 1 opinion, Judge Mark Barnett found that Commerce adequately explained its decision to use acquisition costs as a proxy for the cost of production of raw honey and that the department was not required to further verify the costs of the beekeepers and intermediary suppliers. Arguments from the American Honey Producers Association and Sioux Honey Association that Commerce could have used alternate data sources or relied on adverse facts were "without merit," said Barnett. Rather than engaging in a "seemingly pointless verification exercise," Commerce lawfully reviewed data to ensure completeness. After filling gaps in the record with plaintiff-provided information, Commerce found the calculated acquisition costs were below those of respondents Allied Natural Products and Ambrosia Natural Products, making further verification unnecessary, he said.