The Commerce Department unlawfully failed to adjust non-selected companies' cash deposit and assessment rates to account for export subsidy offsets in an antidumping duty review, an association of Indian producers and exports of quartz surface products said in a Feb. 27 complaint at the Court of International Trade (Federation of Indian Quartz Surface Industry v. U.S., CIT # 23-00026).
The Office of the U.S. Trade Representative erred when it decided not to reinstate a Section 301 tariff exclusion on water coolers even though the only party in opposition to the exclusion subsequently withdrew its comments, DS Services of America said in its Feb. 27 filing on the remand results at the Court of International Trade (DS Services of America v. United States, CIT # 22-00157).
The Court of International Trade’s recent tariff classification decision on Cyber Power’s uninterruptible power supplies “may be a meaningful reset of the law of substantial transformation,” moving the analysis back to a comparison between parts and finished components after a period of focus on essence or critical components, customs lawyer Larry Friedman said in a Feb. 27 blog post.
The Court of International Trade in a Feb. 27 decision denied importer Crown Cork & Seal USA's bid to dismiss fraud and gross negligence claims in a customs penalty case. Judge M. Miller Baker ruled that, contrary to Crown Cork's characterization, the fraud claim is sufficiently specific and both claims clear the notice requirements of Rule 8 as set in the Bell Atlantic v. Twombly and Ashcroft v. Iqbal cases.
The Court of International Trade rejected the Commerce Department's imposition of a total adverse facts available rate of 154.33% on antidumping duty respondent Oman Fasteners as the result of one 16-minutes-late submission, in a Feb. 15 opinion made public Feb. 27. Judge M. Miller Baker said the lawsuit was "not a close case," blasting Commerce's inadequate explanation for why one late submission due to a filing difficulty was enough to conclude that Oman Fasteners failed to cooperate to the best of its ability or why the company deserved the punitive rate.
The following lawsuit was recently filed at the Court of International Trade:
Meyer Corporation will appeal a Court of International Trade decision (see 2302090053) denying the use of first sale on Meyer's cookware imports, the company said in a notice. The case concerns first sale treatment of sets of imported pots and pans from a Thai producer and Chinese middleman related to Meyer (Meyer Corporation v. United States, CIT # 13-00154).
The Court of International Trade should reject a Commerce Department Section 129 determination on ripe olives from Spain that continued to apply countervailing duties for subsidies to upstream raw olives despite an underlying World Trade Organization ruling to the contrary, a Spanish industry association and two foreign growers and exporters of olives argued in a Feb. 27 complaint at the Court of International Trade (Asociacion de Exportadores e Industriales de Aceitunas de Mesa v. U.S., CIT # 23-00039).
The Court of International Trade on Feb. 27 ruled in favor of an importer on the Philippine origin of one of its models of power supplies and surge protectors, but found the importer didn’t prove a substantial transformation occurred for five others and upheld CBP’s finding of Chinese origin for those models.
The Court of International Trade upheld the Commerce Department's interpretation of the Major Inputs Rule to allow for the use of third-country surrogate data as "information available" for determining the cost of production of a major input a respondent bought from an affiliated non-market economy-based supplier.