The Court of International Trade on Jan. 8 denied the government's bid for default judgment against importer Rayson Global and its owner and CEO Doris Cheng in a customs penalty case, with Judge Timothy Stanceu taking issue with the U.S. claim for a monetary penalty totaling nearly $3.4 million.
The U.S. again pushed back Jan. 6 against domestic producer Deer Park Glycine’s claim that the Court of International Trade has jurisdiction over its challenge to a denied scope ruling application (see 2412050059) (Deer Park Glycine v. U.S., CIT # 24-00016).
The U.S. Court of Appeals for the Federal Circuit on Jan. 7 clarified the standard Commerce must follow when determining how high it can set a review respondent’s antidumping duty rate based on adverse inferences. Rejecting a "single sentence" justification for an adverse facts available rate Commerce offered in the final results of a review, it held the department may not drastically depart from accuracy without establishing a "particularly strong need to deter noncompliance" based on record evidence showing unreasonable negligence or intentional misconduct.
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on float glass products from China and Malaysia (A-570-188/C-570-189, A-557-832/C-557-833). The CVD investigations cover entries for the calendar year 2023. The AD investigation on Malaysia covers entries Oct. 1, 2023, through Sept. 30, 2024, and the AD investigation on China covers entries April 1, 2024, through Sept. 30, 2024.
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo confirms that the U.S. Court of Appeals for the Federal Circuit must use its own judgment rather than defer to the Commerce Department in reviewing the agency's multifactor test for assessing independence from de facto Chinese government control of export functions, exporter Pirelli Tyre Co. argued (Pirelli Tyre Co. v. U.S., Fed. Cir. # 23-2266).
The Federal Maritime Commission released a two-page policy statement Jan. 2 clarifying it's authorized to hear class-action complaints involving statutes it administers.
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The Federal Maritime Commission released a two-page policy statement Jan. 2 clarifying it's authorized to hear class-action complaints involving statutes it administers.
The Commerce Department is amending countervailing duty rates set in its original CVD investigations on forged steel fluid end blocks from Germany (C-428-848) originally published Dec. 11, 2020, to align with the final decision in a court case that challenged the way the CVD rates were calculated.