The Court of International Trade on Dec. 19 declined to grant victory to G&H Diversified Manufacturing on the importer's claims that CBP previously, as part of its role in granting a Section 232 duty exclusion, already said the company's imports were subject to the exclusion. Judge Timothy Reif said open questions of fact still exist with regard to the extent of CBP's role in the exclusion process.
The Court of International Trade on Dec. 19 declined to grant victory to G&H Diversified Manufacturing on the importer's claims that CBP previously, as part of its role in granting a Section 232 duty exclusion, already said the company's imports were subject to the exclusion. Judge Timothy Reif said open questions of fact still exist with regard to the extent of CBP's role in the exclusion process.
The Commerce Department has the power to extend its deadlines for submission of factual information on its own -- without responding to an extension request from a submitting party, the U.S. said in opposition to a domestic boltless steel shelf producer Dec. 13 (Edsal Manufacturing v. United States, CIT # 25-00087).
Importer Performance Additives told the U.S. Court of Appeals for the Federal Circuit that the notion that Congress created a "two-track framework" for deemed liquidation of drawback claims where some claims aren't subject to deemed liquidation at all and others aren't subject to any time limit on liquidation is "nonsense." Filing a reply brief last week, the company said this interpretation of the statutory framework is "blatantly contrary to Congress' stated intent" (Performance Additives v. United States, Fed. Cir. # 24-2059).
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 Dec. 9-15:
Court of International Trade Judge Gary Katzmann again remanded parts of the Commerce Department remand results on the eighth administrative review of the antidumping duty order on xanthan gum from China. He also granted in part a U.S. motion to dismiss in his Dec. 16 decision.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade on Dec. 12 remanded the 2021 countervailing duty review on cut-to-length carbon-quality steel plate from South Korea in a confidential decision. Judge Claire Kelly gave the parties until Dec. 16 to review the confidential information in the decision. The central issue in the case is the Commerce Department's finding of de facto specificity regarding the South Korean government's alleged provision of electricity for less than adequate remuneration (see 2408130046). Parties in the case also contest Commerce's refusal to accept the 2021 cost information from the state electricity company, KEPCO, as being untimely filed (Hyundai Steel Co. v. U.S., CIT # 23-00211).
The United Steelworkers labor union again (see 2409050044) said Dec. 10 that an exporter’s temporary-use spare tires should have been covered by an antidumping duty order on passenger vehicle and light truck tires from Taiwan, in a motion for judgment filed with the Court of International Trade (United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC v. U.S., CIT # 24-00165).