Commerce improperly applied a duty drawback adjustment to a Turkish aluminum exporter’s antidumping duty rate, because the imports the exporter used to claim drawback could not be used to make the exported merchandise, the Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group said in a brief filed Nov. 23 in support of its motion for judgment in the case (Assan Aluminiyum Sanayi ve Ticaret A.S. v. U.S., CIT # 21-00246).
The audio functionality that's at the heart of the Sonos patent fight with Google “is only a small piece” of what Google smart speakers provide, and excluding them from U.S. importation “would harm U.S. consumers and the U.S. economy,” commented the Computer & Communications Industry Association Thursday (login required) in the International Trade Commission’s 337-TA-1191 docket.
The Commerce Department has given no reason why South Korean steel company SeAH Steel Corp. should be penalized via a delayed remand submission because "Commerce has chosen to procrastinate" on a delayed remand in another case, SeAH told the Court of International Trade in a Dec. 2 brief (SeAH Steel Corporation v. United States, CIT #20-00150).
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit issued its mandate on Nov. 29 in a case in which it found it lacked jurisdiction over a tapered roller bearing importer's challenge to guidance issued from the Commerce Department to CBP on the assessment of antidumping duties. In the Sept. 2 decision, the appellate court upheld the Court of International Trade decision denying Wanxing America Corporation's bid to challenge the guidance under the trade court's residual jurisdiction, Section 1581(i). The Federal Circuit said the action could've been properly filed under Sections 1581(a) or 1581(c). WAC argued it should have been subject to its parent company's zero percent dumping rate (see 2109020039) (Wanxiang America Corporation v. United States, Fed. Cir. # 20-1044).
The Court of International Trade remanded the Commerce Department's final results in the administrative review of the antidumping duty order on hot-rolled steel flat products from Australia covering entries in 2016-2017, in a Nov. 30 confidential opinion. The case, filed by mandatory respondent BlueScope Steel Ltd., challenged the final results for hitting BlueScope with adverse facts available. The seven-count action alleged, among other things, that Commerce's decision to apply AFA based on the fact that BlueScope withheld requested information is contradicted by record evidence. In a letter submitted to the litigants, Judge Richard Eaton said he wants bracketed information reviewed by Dec. 7 (BlueScope Steel Ltd., et al. v. United States, CIT #19-00057).
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The Commerce Department is beginning an investigation based on a petition that initially redacted the name of one of the companies that filed it, though the petitioners have since publicly disclosed the company’s name in an amended petition. The identities of several employees of the petitioners in the complaint, however, remain confidential.