The U.S. Court of Appeals for the Federal Circuit in a July 12 order lifted a stay in an antidumping duty case concerning whether the Commerce Department can make a particular market situation adjustment to the sales-below-cost test, despite its recent decision in Hyundai Steel Co. v. U.S., which said that Commerce cannot make a PMS adjustment to the sales-below-cost test (see 2112100039) (Saha Thai Steel Pipe Public Co. v. United States, Fed. Cir. #22-1175).
The Court of International Trade should deny a stay motion in a case involving the provision of electricity at less than adequate remuneration in a countervailing duty case, the South Korean government said in a brief filed July 1.
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were filed at the Court of International Trade during the week of July 5-10:
The Court of International Trade in a July 11 order said that counsel for exporter Guangdong Hongteo Technology Co. could not withdraw from Hongteo's customs classification lawsuit. Judge Jennifer Choe-Groves said that since the plaintiff is a company and not a person, counsel for Hongteo -- namely, Lawrence Pilon and Serhiy Kiyasov of Rock Trade Law -- could not leave the case without substitute counsel first being identified. Pilon and Kiyasov sought to withdraw as counsel since Hongteo did not pay its outstanding legal fees.
Importer Charman Manufacturing didn't evade antidumping duties on its malleable cast iron pipe fittings imported from China, CBP said in a July 5 determination. After looking into claims from Matco-Norca that Charman skirted the duties by transshipping the pipe fittings through Indonesia or Singapore, CBP said it didn't have substantial evidence proving these claims. The determination in the Enforce and Protect Act investigation is one of only a handful of times that CBP has come back with a negative evasion finding.
The Court of International Trade in a July 8 opinion dismissed importer Rimco's antidumping and countervailing duty challenge after finding that the claims lack subject-matter jurisdiction at the trade court. Judge Mark Barnett said that Rimco's Eighth Amendment claims could not proceed under Section 1581(a) since they are not contesting the liquidation of the steel wheel entries at issue but instead contest the Commerce Department's actions leading up to the high AD/CVD rates. The judge further ruled that Rimco's claims made under Section 1581(i), the court's "residual" jurisdiction, cannot stand since the importer could have requested an administrative review of the AD/CVD orders, clearly showing that other avenues of remedy were available.
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department's admission that the administrative case brief in an antidumping duty matter wasn't the right time to bring up arguments over verification procedures reveals the futility of raising verification concerns administratively, plaintiffs led by Ellwood City Forge argued to fight off claims that it failed to exhaust its administrative remedies. Submitting a notice of supplemental authority at the Court of International Trade, Ellwood said Commerce's remand results in a separate AD case declaring that 63 days was "far too late" to pursue a request for virtual verification in lieu of on-site verification due to COVID-19 restrictions indicates that raising the issue of virtual verification in the petitioner's case was futile (Ellwood City Forge Company v. U.S., CIT #21-00077).
The U.S.'s rationale for its motion to stay in an Enforce and Protect Act case at the Court of International Trade is "remarkable," and essentially concedes that CBP cannot back its evasion finding, plaintiffs Norca Industrial Co. and International Piping & Procurement Group (IPPG) said in a July 6 brief opposing the stay. The stay motion wants to halt proceedings at CIT so a covered merchandise referral can be issued to the Commerce Department, but the plaintiffs said that such a referral is not possible, the case has been narrowed to record issues and the move signals a concession on the facts (Norca Industrial Company v. United States, CIT Consol. #21-00192).