A recent Court of International Trade opinion finding that the Commerce Department appropriately rejected untimely filed questionnaire responses and extension requests is relevant for antidumping duty petitioner Wheatland Tube Co.'s case, the petitioner said in a July 19 notice of supplemental authority (Ajmal Steel Tubes & Pipes Ind. v. United States, CIT #21-00587). In the recent decision in the Tau-Ken Temir v. U.S. case, the court said Commerce properly rejected the hour and 41 minutes-late submissions (see 2207150035). The plaintiffs said that technical difficulties and COVID-19 issues resulted in the late filings, but the court said Commerce did not abuse its discretion in denying the submissions since the plaintiffs' "experienced counsel" should have requested an extension earlier.
A case involving allegedly defective plywood should be dismissed from consideration at the Court of International Trade because the importer has failed to show evidence of actual defect or specific value lost, the government said in a July 18 cross-motion for summary judgement (Bral Corporation v. United States, CIT # 20-00154).
The following lawsuits were filed at the Court of International Trade during the week of July 11-17:
The following lawsuits were recently filed at the Court of International Trade:
Agricultural net wraps for baling hay or other silage are not "parts" of agricultural machinery, but rather an input classifiable as fabric, the government said in a July 15 brief at the Court of International Trade (RKW Klerks Inc. v. U.S., CIT #20-00001).
A Court of International Trade case concerning imported pressure switches should be dismissed for lack of jurisdiction and timeliness, the government said in a July 15 brief opposing Environment One's motion to amend its summons. Alternatively, the government has asked the court to dismiss the action for failure to state a claim for which relief may be granted (Environment One Corporation v. United States et. al., CIT # 22-00124).
The following lawsuits were recently filed at the Court of International Trade:
The Aluminum Extrusion Fair Trade Committee (AEFTC) should not be allowed to intervene in a case contesting CBP's finding that Global Aluminum Distributor and Hialeah Aluminum Supply evaded the antidumping and countervailing duty orders on aluminum extrusions from China, Dominican exporter Kingtom Aluminio argued. Filing an opposition brief at the Court of International Trade on July 13, with the support of Global Aluminum, Kingtom argued that AEFTC's motion is untimely, it failed to show a conditional right to intervene and the committee cannot intervene based on a shared claim or defense (Global Aluminum Distributor v. United States, CIT Consol. #21-00198).
Adverse price affects from imports do not have to be the main driver of injury for the International Trade Commission to reach an affirmative injury finding in an antidumping duty investigation, said Novus International, an intervenor supporting the ITC's challenged affirmative injury determination in the AD duty investigations on methionine from Spain and Japan, in a brief filed July 14 (Adisseo Espana and Adisseo USA v. U.S., CIT #21-00562).
Plaintiffs in an antidumping duty case, led by Ellwood Cit y Forge Company, filed for a reconsideration of a Court of International Trade opinion that found that they failed to exhaust their administrative remedies when challenging the Commerce Department's decision to issue a questionnaire in lieu of on-site verification due to COVID-19 travel restrictions. The reconsideration bid argued that Commerce's remand results in a separate antidumping case revealed how futile raising the point administratively would have been, and that in light of these new facts, the court should reconsider its ruling (Ellwood City Forge Company v. United States, CIT #21-00073).