Importer PrimeSource Building Products moved for a partial stay of the Court of International Trade's order dismissing its suit challenging President Donald Trump's expansion of Section 232 steel and aluminum duties onto "derivative" products. PrimeSource said it wants the order stayed pending the resolution of its appeal to the U.S. Supreme Court (Primesource Building Products v. U.S., CIT # 20-00032).
The Commerce Department failed to explain its "abrupt change in practice" from its past decision finding that exporter KG Dongbu Steel's debt-to-equity restructurings were not countervailable, Dongbu argued in a July 21 opening brief at the Court of International Trade. The exporter relied on the trade court's recent opinion finding in a separate case also brought by Dongbu in which the court agreed and said that the change in practice was "arbitrary and unlawful" (see 2307100028). "The facts are the same in this appeal" on the 2020 review of the CVD order on corrosion-resistant steel products from South Korea, and the court "should reach the same conclusion here" (KG Dongbu Steel Co. v. United States, CIT # 23-00055).
The Commerce Department illegally relied on unverified data from respondent Saffron Living Co. in an antidumping duty investigation on mattresses from Thailand, the Court of International Trade ruled in a July 20 opinion. While the government claimed that because Commerce was unable to verify Saffron's information, it could use the exporter's information as facts otherwise available, Judge M. Miller Baker said this reading would "eviscerate the separate requirement" that Commerce verify all information relied on in making a final determination.
The Court of International Trade in a July 21 opinion upheld the Commerce Department's 2019-20 review of the antidumping duty order on activated carbon from China. Judge Mark Barnett issued the opinion in a case consolidating three challenges -- one led by respondent Carbon Activated Tianjin Co., one by respondent Datong Juqiang Activated Carbon Co. and one from petitioner Calgon Carbon Corp. Barnett sustained Commerce's surrogate values for six activated carbon inputs: carbonized material, coal tar, hydrochloric acid, steam, ocean freight and bituminous coal. The judge also upheld the calculation of surrogate financial ratios and Commerce's acceptance of Datong Juqiang's reporting of its bituminous coal consumption.
The Court of International Trade in a July 24 opinion remanded the antidumping duty investigation on forged steel fluid end blocks from Germany. Judge Stephen Vaden sent the case back to the Commerce Department so the agency could address alleged errors in the antidumping rate calculation and because the agency did not express a clear rationale for its refusal to address petitioner Ellwood City Forge Co.'s claims on alternate legal grounds to make a particular market situation adjustment.
The Court of International Trade in a July 19 opinion upheld the Commerce Department's decision to assign exporter Double Coin Holdings the 105.31% China-wide antidumping duty rate in an administrative review of the AD order on off-the-road tires from China. Judge Timothy Stanceu said the decision complies with the court's previous decision finding that Double Coin did not rebut the presumption of Chinese state control over its export activities. No parties commented on the remand results.
The Court of International Trade in a July 20 opinion refused to invalidate its past order instructing CBP to reliquidate Target Corp.'s metal-top ironing tables, saying that doing so would "turn the clock back over 40 years" prior to the Customs Courts Act's passage and "again call into question whether a party before the Court could obtain full and complete relief." Reversing the order as Target requests would "elevate the principle of finality" of liquidation "over the inherent power" of the trade court under Article III of the Constitution, Judge Leo Gordon said.
The Court of International Trade in a July 19 opinion upheld the Commerce Department's decision to raise the dumping margins in the 2018-19 administrative review of the antidumping duties on heavy-walled rectangular welded carbon steel pipes and tubes from Mexico for mandatory respondents Maquilacero and Prolamsa. The margins were raised from 0% to 3.48% for Maquilacero. and from 0% to 2.11%. for Prolamsa.
The government correctly classified counterweights for mini-excavators as "backhoe" parts under tariff subheading 8431.49.9044, meaning that they were not eligible for Section 301 tariff exclusion, ruled the Court of International Trade in a July 21 opinion. Judge Jane Restani sided with the government's dictionary definitions of "backhoe" and "excavator," rather than Norca's industry usage. Even if Norca’s argument about the commercial understanding is correct, "Norca cannot overcome legislative intent," said the court. The CIT cannot accept a commercial meaning that is at odds with the tariff schedule itself, Restani said in her ruling.
Importer Amsted Rail Co. voluntarily dismissed its conflict-of-interest suit against the Commerce Department at the Court of International Trade. The case, involving the company's former counsel Daniel Pickard, now partner at Buchanan Ingersoll, was previously stayed pending resolution of a related matter against the International Trade Commission. Amsted earlier this month also dismissed the ITC matter at the U.S. Court of Appeals for the Federal Circuit after the importer filed a joint stipulation of voluntary dismissal (see 2307050052) (Amsted Rail Co. v. U.S., CIT # 22-00316).