The Court of International Trade on May 1 and May 2 dismissed two lawsuits -- one at the behest of the plaintiff, Vinh Hoan Corp., the other for lack of prosecution. Vinh Hoan contested the Commerce Department's final results in the 2021-22 review of the antidumping duty order on frozen fish fillets from Vietnam. Plaintiff's counsel Matthew McConkey said the voluntary dismissal was filed after later action from Commerce "demonstrated our issue of concern was moot, especially as our calculated rate was 0%." Importer van Gelder's suit challenging the classification of its floor covering (vinyl tiles) was dismissed because the suit wasn't removed prior to the expiration of the customs case management calendar's period of time of removal (Vinh Hoan Corp. v. U.S., CIT # 24-00077) (van Gelder v. U.S., CIT # 21-00160).
The following lawsuit was recently filed at the Court of International Trade:
Importers’ and exporters’ criticism of a continued injury finding on remand, including one argument that the International Trade Commission had relied on trade publications instead of the exporters’ own questionnaire responses (see 2403040049), was simply their unlawful attempt to have the commission “reweigh” the evidence to reach their own preferred result, the ITC said April 29 (OCP S.A. v. U.S., CIT Consol. # 21-00219).
Exporter Carbon Activated Tianjin Co. responded to a host arguments from the U.S. regarding the Commerce Department's surrogate value calculations on a variety of activated carbon inputs as part of the 2019-20 review of the antidumping duty order on activated carbon from China. In a reply brief filed last week at the U.S. Court of Appeals for the Federal Circuit, Carbon Activated said the Court of International Trade erred in sustaining Commerce's surrogate financial ratios and surrogate values for carbonized metal, coal tar, hydrochloric acid, steam and ocean freight (Carbon Activated v. United States, Fed. Cir. # 23-2413).
A U.S. motion to reconsider a Court of International Trade decision (see 2404180041) finding that CBP defied the implicit contractual term of reasonableness in waiting eight years to demand payment under a customs bond from a surety company is "both procedurally and substantively flawed," surety Aegis Security Insurance Co. said (U.S. v. Aegis Security Insurance Co., CIT # 20-03628).
The following lawsuits were filed at the Court of International Trade during the weeks of April 15-21 and April 22-28:
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The U.S. and a domestic petitioner April 25 opposed an importer’s motion for judgment in a scope case, arguing that, because the product at issue was coated with a substance that promotes the adherence of ink and other artist materials, the importer’s canvas banner matisse was subject to an antidumping duty order on certain artist canvas from China (Printing Textiles, LLC v. U.S., CIT # 23-00192).
German exporter thyssenkrupp Rasselstein filed a notice of dismissal on April 26 at the Court of International Trade in its case contesting the Commerce Department's final determination in the antidumping duty investigation on tin mill products from Germany. The dismissal came before the company filed its complaint in the suit, only filing the summons on March 29. Counsel for the exporter didn't respond to a request for comment (thyssenkrupp Rasselstein v. United States, CIT # 24-00067).
A Vietnamese exporter of light-walled rectangular pipe and tube filed a motion for judgment in another case -- this one over a circumvention inquiry -- contesting the rejection of its filing because it narrowly missed a deadline. The exporter called the decision “fundamentally unfair” (Hoa Phat Steel Pipe Co., Ltd v. U.S., CIT # 23-00248).