DOJ asked the Court of International Trade to dismiss a case concerning CBP's errant liquidation of its entries of softwood lumber for lack of jurisdiction, in a Dec. 8 motion. Fraserview failed to file a protest contesting liquidation of its entries within the 180-day window, DOJ said, but the company had an available and adequate remedy under 28 U.S.C. § 1581(a) if it had filed a protest and challenged its denial (Fraserview Remanufacturing v. U.S., CIT # 22-00244).
The Court of International Trade in a two-page judgment upheld the Commerce Department's decision on remand to grant Universal Tube and Plastic Industries a level of trade adjustment in an antidumping duty review. Judge Timothy Stanceu upheld the remand results after no parties filed comments on them.
The Commerce Department properly found countervailing duty respondent Yama Ribbons and Bows received synthetic yarn and caustic soda -- inputs of narrow woven ribbons with woven selvedge -- for less than adequate remuneration, the Court of International Trade held in a Dec. 8 opinion. Judge Timothy Stanceu found Commerce permissibly levied adverse facts available for the Chinese government's failure to respond to requests over the provision of the two inputs, and said the agency properly dropped its subsidy rate for China's Export Buyer's Credit Program.
The Court of International Trade in a Dec. 12 opinion dismissed a lawsuit from importer MS Solar on the Commerce Department's liquidation instructions issued after an antidumping duty administrative review for lack of subject-matter jurisdiction. Tossing the case without prejudice, Judge Jennifer Choe-Groves said the case, which was filed under Section 1581(i) -- the court's "residual" jurisdiction -- could not stand because relief would have been available under Section 1581(c). The judge said the "underlying issue in this case is an error" that affected the final results and not Commerce's liquidation instructions.
The International Trade Commission Trial Lawyers Association (ITCTLA) has elected Eric Namrow, intellectual property lawyer at Morgan Lewis, president for a one-year term, his firm announced. The ITCTLA works to improve Section 337 administration and inform attorneys, international trade officials and legislators about matters before the ITC. Namrow has served on the ITCTLA's executive committee for eight years in various roles and on various ITCTLA committees, including working groups on practice before CBP and the Court of International Trade.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade in a Dec. 8 confidential opinion upheld the Commerce Department's remand results in a case on the 2017 administrative review of the countervailing duty order on passenger vehicle and light truck tires from China. In the remand results, Commerce stuck with its use of adverse facts available for respondent Cooper (Kunshan) Tire's and Shandong Longyue Rubber's alleged use of China's Export Buyer's Credit Program (see 2202090069). The trade court has long spurned the use of AFA over the EBCP, with one judge only recently upholding the use of AFA in this context (see 2209140029). Judge Timothy Reif now appears to be the second judge at CIT to find Commerce properly used AFA for the EBCP. Reif gave the parties until Dec. 15 to review the confidential information in the opinion (Cooper (Kunshan) Tire v. U.S., CIT #20-00113).
CBP unlawfully imposed 20% additional duties on bifacial solar panels given that the Court of International Trade found the underlying presidential proclamation to be "null and void," argued Trina Solar in a Dec. 7 complaint at the Court of International Trade (Trina Solar (U.S.), Inc. v. U.S., CIT # 22-00321).
CIT Sends Back Use of Financial Statements for Surrogate Financial Ratios in AD Review on Mattresses
The Commerce Department must reconsider its reliance on a financial statement in an antidumping review to calculate surrogate financial ratios, the Court of International Trade ruled in a confidential Nov. 28 opinion made public Dec. 7. Judge Timothy Reif directed Commerce to reconsider or further explain the agency's conclusions that the statements were complete and publicly available. However, the judge did uphold Commerce's surrogate value for pocket coil innerspring units.
The Court of International Trade in a Dec. 8 opinion upheld the Commerce Department's remand results in a case on the administrative review of the antidumping duty order on circular welded carbon-quality steel pipe from the United Arab Emirates. On remand, Commerce granted plaintiff Universal Tube and Plastic Industries a level of trade adjustment -- a move which no parties in the case contested.