The Supreme Court of the U.S. on Oct. 2 denied a petition for writ of certiorari from importer Acquisition 362, doing business as Strategic Import Supply, regarding an opinion from the U.S. Court of Appeals for the Federal Circuit requiring protests to be filed within 180 days of liquidation. The appellate court rejected the claim that protests can be filed within 180 days of the date the Commerce Department issues antidumping and countervailing duty instructions to CBP (see 2302060029).
CBP announced an Enforce and Protect Act (EAPA) investigation on whether Ebuy Enterprises and Highland USA International evaded an antidumping duty order on xanthan gum from China. The agency said it found reasonable suspicion existed that the importers had transshipped Chinese-origin xanthan gum through Malaysia, necessitating the imposition of interim measures.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade in a Sept. 28 order denied a motion to sever filed by exporters led by Salzgitter Mannesmann Grobblech. Judge Leo Gordon denied the motion without prejudice. The exporters asked to be severed from the joint case on the antidumping duty investigation on steel cut-to-length plate from Germany since its claims have been resolved by the court (see 2309270037). Salzgitter said its case has "no overlap" with the one brought by lead plaintiff AG der Dillinger Huttenwerke, noting that disposition of Dillinger's remaining claims will take a significant amount of time (AG der Dillinger Huttenwerke v. U.S., CIT Consol. # 17-00158).
A defendant in a criminal fraud case shouldn't be allowed to add his criminal attorney to a protective order in a related civil case, DOJ argued in a Sept. 28 motion at the Court of International Trade (U.S. v. Zhe "John" Liu, CIT # 22-00215).
The Commerce Department had sufficient domestic industry support to begin and complete an antidumping duty investigation on oil country tubular goods from Argentina, AD petitioners led by U.S. Steel said in a Sept. 22 reply brief at the Court of International Trade (Tenaris Bay City, Inc., et al. v. U.S., CIT # 22-00343).
CBP announced an Enforce and Protect Act (EAPA) investigation on whether Ebuy Enterprises and Highland USA International evaded an antidumping duty order on xanthan gum from China. The agency said it found reasonable suspicion existed that the importers had transshipped Chinese-origin xanthan gum through Malaysia, necessitating the imposition of interim measures.
Antidumping and countervailing duty proceedings at the Commerce Department will be temporarily stopped in the event of a U.S. government shutdown due to a failure in Congress to appropriate funds, lawyers from global firm Veneable wrote. Enforce and Protect Act allegations of AD/CVD evasion also won't be investigated during the shutdown, according to the National Customs Brokers & Forwarders Association of America.
The upcoming, near-certain government shutdown should last at least one week, and has a good chance of lasting three weeks or more, said Nicole Bivens Collinson, legislative counsel for the National Customs Brokers & Forwarders Association of America, speaking on a call hosted by the NCBFAA Sept. 29.
The Commerce Department's refusal to adjust its threshold for differentiating between different types of pasta as part of the duty calculation in the 2018-19 antidumping review of pasta from Italy violated the law, exporters La Molisana and Valdigrano di Flavio Pagani argued in their Sept. 26 opening brief at the U.S. Court of Appeals for the Federal Circuit. La Molisana said Commerce's use of the "protein content on a FDA nutrition fact panel to determine protein content" ignores the different standards used in finding the number of grams of protein (La Molisana v. United States, Fed. Cir. # 23-2060).