The Court of International Trade in a decision made public March 21 sustained the Commerce Department's decision to rely on "other information" instead of polling the industry to calculate industry support for the antidumping duty investigation on oil country tubular goods from Argentina. But Judge Claire Kelly sent back the industry support decision due to accuracy concerns on the data Commerce relied on, including on whether "finishing operations were counted twice."
The following lawsuit was recently filed at the Court of International Trade:
Correction: The Commerce Department shouldn't have granted a de minimis antidumping duty rate to a respondent in the AD investigation on preserved mushrooms from the Netherlands, the domestic petitioner for the investigation argued in a motion for judgment filed at the Court of International Trade Nov. 21 (see 2312010061) (Giorgio Foods v. U.S., CIT # 23-00133).
A Vietnamese exporter and the U.S. both opposed March 20 defendant-intervenors’ motion to consolidate the exporter’s three cases fighting the assignment of adverse facts available to an exporter due to a minor submission delay (Hoa Phat Steel Pipe Co., Ltd. v. U.S., CIT # 23-00250).
Importer Maple Leaf Marketing filed a stipulation of dismissal in its customs suit on the classification of boronized steel tubing. Before the dismissal, the case served as a forum for the government to argue that it could assert counterclaims in customs cases. The U.S. moved to redesignate its counterclaim as a defense, which the Court of International Trade granted after finding that nowhere in Congress' scheme on the classification of goods does the legislative body explicitly let the government assert a counterclaim challenging CBP's classification (see 2306140053). The original counterclaim said that the steel tubes, originally classified by CBP as duty-free U.S. goods returned after repairs, are subject to Section 301 tariffs and correctly classified as unfinished steel tubes (Maple Leaf Marketing v. United States, CIT # 20-03839).
A U.S. petitioner on March 18 again argued that a Dutch preserved mushrooms exporter “significantly impeded” a Commerce Department antidumping duty investigation and that the agency shouldn't have granted the exporter a de minimis AD rate (Giorgio Foods, Inc. v. U.S., CIT # 23-00133).
Two negligence class actions were filed in U.S. District Court for Eastern Pennsylvania Wednesday involving the Citrix Systems October data breach that compromised the personally identifiable information (PII) of over 35 million Comcast Xfinity customers. One names Citrix only; the second names Citrix and Comcast.
The Court of International Trade on March 20 denied U.S. company Deer Park Glycine's bid to consolidate its two cases before the trade court. One case is challenging the Commerce Department's scope ruling which excluded calcium glycinate from the scope of the antidumping and countervailing duty orders on glycine from India, Japan, Thailand and China, while the other contests Commerce's rejection of a second scope ruling request on the same product.
The following lawsuits were filed at the Court of International Trade during the week of March 11-17:
The U.S. on March 18 opposed a motion to consolidate an exporter’s two Court of International Trade cases contesting two Commerce Department scope rulings. Those rulings found the exporter’s calcium glycinate was covered by antidumping and countervailing duty orders on glycine from India, Japan, Thailand and China (Deer Park Glycine, LLC v. U.S., CIT #s 23-00238, 24-00016).