The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should uphold CBP's finding that importers Ikadan System USA and Weihai Gaosai Metal Product Co. evaded the antidumping and countervailing duty orders on steel grating from China, defendant-intervenor Hog Slat argued in a Jan. 20 reply brief at CIT. The trade court must reject the plaintiff's arguments that their tribar flooring imports are not under the scope of the orders since CBP's covered merchandise finding "reflected the typical analysis undertaken by Commerce with respect to questions of scope which, although not required of CBP, demonstrates the analytical reasonableness of CBP's approach," the brief said (Ikadan System USA v. United States, CIT #21-00592).
Counterweights for mini excavators should be subject to Section 301 tariffs because they qualify as parts for "backhoes," the government argued in a Jan. 23 brief at the Court of International Trade. DOJ asked the court to deny plaintiff Norca Engineered Products' Nov. 3 motion for summary judgment and to find that the counterweights are backhoe parts and therefore not subject to a Section 301 exclusion (Norca Engineered Products v. U.S., CIT #21-00305).
The Court of International Trade in a confidential Jan. 24 opinion upheld CBP's evasion finding in an Enforce and Protect Act case brought by Leco Supply. In a letter accompanying the decision, Judge Mark Barnett gave the parties until Jan. 31 to review the confidential information in the opinion (Leco Supply v. United States, CIT # 21-00136).
The Court of International Trade should reconsider its decision to send back the Commerce Department's adverse facts available rate for antidumping duty respondent Sino-Maple, the U.S. argued in a Jan. 23 brief. The decision is based on an "incorrect interpretation of" the statute, and the parties never presented the issue of whether the statute, 19 U.S.C. Section 1677e(d), lets Commerce use a transaction-specific margin as an adverse rate, the government claimed (Fusong Jinlong Wooden Group v. U.S., CIT # 19-00144).
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade in a Jan. 20 order dismissed a case on the 2020-21 administrative review of the antidumping duty order on activated carbon from China. Commerce originally tapped two mandatory respondents in the review, selecting Datong Juqiang Activated Carbon and Jilin Bright Future Chemicals. The agency gave Datong Juqing a zero percent dumping rate while assigning Jilin Bright a $0.62 per kilogram dumping margin. The agency then assigned separate rate respondents the same $0.62/kg rate it gave to Jilin Bright (Carbon Activated Tianjin Co., et al. v. United States, CIT #22-00335).
The following lawsuits were filed at the Court of International Trade during the week of Jan. 16-22:
Boronized steel tubes made in the U.S. are unfinished steel goods, not repaired articles, DOJ argued in a Jan. 20 counterclaim that is seeking $760,000 in unpaid duties at the Court of International Trade in a denied protest case filed by an importer (Maple Leaf Marketing v. United States, CIT # 20-03839).
The Supreme Court requested DOJ’s input in three cases on social media laws in Texas and Florida, setting up potential high court review this fall (see 2301030062).