The U.S. and importer Fanuc Robotics America said they hope to reach an agreement on the final two models of robots at issue in a customs spat after agreeing to settle the classification battle over the remaining models of robots covered by the case. Submitting a joint status report on Aug. 26, the government and importer said they "arranged for the exchange of technical information" on the two models for CBP's review, but the information will need to be sent again because DOJ didn't receive it. The information should be exchanged by Sept. 4, the report said. The parties said they are "hopeful that they will be able to reach an agreement in principle on the final two models of robots and avoid the need for litigation" (Fanuc Robotics America v. United States, CIT # 12-00052).

A new Vietnamese frozen fish fillet exporter didn’t actually make a bona fide sale in the U.S. during the period of a new shipper antidumping review, a domestic trade group said Aug. 23 (Catfish Farmers of America v. U.S., CIT # 24-00126).

An importer filed Aug. 21 its long-delayed motion for judgment in its test case alleging its Chinese-origin selective catalytic reduction catalysts had wrongly been assessed Section 301 duties. The catalysts were misclassified by CBP as centrifuges instead of “reaction initiators, reaction accelerators and catalytic preparations, not elsewhere specified or included,” it said (Mitsubishi Power Americas v. U.S., CIT #21-00573).

The Court of International Trade on Aug. 22 asked the government for more information after CBP acknowledged inadvertently liquidating entries subject to an injunction from the court (Shanghai Tainai Bearing Co. v. U.S., CIT # 24-00025).

Antidumping duty petitioner the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations on Aug. 22 moved to file an amicus brief at the U.S. Court of Appeals for the Federal Circuit in a case on the Commerce Department's use of the Cohen's d test to detect "masked" dumping. The committee filed the brief in response to arguments from amici led by the Canadian government, which invoked various academic literature on the use of the test (Mid Continent Steel & Wire v. U.S., Fed. Cir. # 24-1556).

The U.S. on Aug. 21 defended its decision on remand to collapse respondent Siemens Gamesa Renewable Energy with its affiliated wind tower supplier Windar and Windar's manufacturing subsidies. The government also defended its finding that Siemens Gamesa is a foreign producer and the ultimate 28.55% dumping rate assigned to the company, which was lowered on remand from 73% (see 2406250029) (Siemens Gamesa Renewable Energy v. United States, CIT # 21-00449).

Responding to motions for judgment filed by the government of Canada and Canadian lumber exporters led by a mandatory respondent, the U.S. pushed back Aug. 22 against claims that, among other things, it had wrongly included a legacy contract in the calculation of the respondent’s costs and found a “bookkeeping convenience” to be evidence of less-than-fair-value transactions between its affiliates (see 2404110063) (Government of Canada v. United States, CIT Consol. # 23-00187).

The following lawsuit was recently filed at the Court of International Trade:

Importer Seneca Foods Corp. filed a notice of supplemental authority at the Court of International Trade on Aug. 21, claiming that a recent Section 232 exclusion request denial from the Commerce Department is relevant to the resolution of its case (Seneca Foods Corp. v. U.S., CIT # 22-00243).

In defense of its own motion for judgment (see 2405020062) and opposing the government’s counterclaim, an importer again argued that the U.S. can’t counterclaim to reclassify an entry to increase the amount of duty owed on it higher than the rate initially assessed by CBP. Such a counterclaim lacks a cause of action, it said (BASF Corp. v. U.S., CIT Consol. # 13-00318).