Pencil importer Royal Brush Manufacturing was required to file protests before it could challenge CBP's allegedly improper liquidations under an Enforce and Protect Act antidumping duty evasion investigation, the Court of International Trade ruled on Dec. 15. Dismissing the company's case for lack of jurisdiction, Judge Mark Barnett echoed the U.S. Court of Appeals for the Federal Circuit's ruling in Juice Farms v. U.S. in ruling that "all liquidations, whether legal or not, are subject to the timely protest requirement."
The Court of International Trade ruled Dec. 18 that the Commerce Department could use one antidumping mandatory respondent’s third-country sales to construct another’s profit, selling expenses and profit cap. In a case filed in May 2022 and voluntarily remanded to Commerce in June of this year, Judge Jennifer Choe-Groves upheld Commerce’s use of SeAH Steel Corp.’s third-country sales in calculating a constructed export price for Hyundai Steel in a 2020 administrative review. She also upheld the agency's use of that export price in setting the AD duty for all non-individually examined respondents. The review had assigned a 19.54% AD duty for Hyundai, a 3.85% duty for SeAH and an 11.70% all-others rate.
The following lawsuit was recently filed at the Court of International Trade:
Importer CHR. Hansen filed a notice of dismissal in its customs suit at the Court of International Trade on Dec. 12. The company filed the case in December 2021 to contest CBP's denial of its protest claiming its probiotics powder of Harmonized Tariff Schedule subheading 2106.90.9897, dutiable at 6.4%, should be classified under subheading 3002.90.1000. Counsel for the importer didn't respond to a request for comment (CHR. Hansen v. United States, CIT # 21-00636).
Exporter Canadian Solar International Limited filed a Dec. 15 notice of dismissal at the Court of International Trade in its case challenging the Commerce Department's anti-circumvention finding on solar panels from Cambodia, Malaysia, Thailand and Vietnam. In the proceeding, Commerce found that solar panels from these nations are circumventing the antidumping and countervailing duty orders on crystaline silicon photovoltaic cells from China (Canadian Solar International v. United States, CIT # 23-00195).
DOJ said an exporter waived its ability to object to the new results of an administrative review after remand, arguing it didn't adequately take advantage of its ability to comment on the review before the court (Yama Ribbons and Bows Co., Ltd. v. United States, CIT # 21-00402).
A visit the Commerce Department made to a domestic tile manufacturer prior to a scope ruling on imported composite tile was proper and didn't bias Commerce in favor of the manufacturer in its final decision, DOJ said (Elysium Tiles v. U.S., CIT # 23-00041).
The Commerce Department "ignores critical facts" in its threshold for differentiating between different pasta types in an antidumping duty review, exporter La Molisana said in a Dec. 13 reply brief brief (La Molisana v. United States, Fed. Cir. # 23-2060).
A trade group is urging the Bureau of Industry and Security to revise its export controls surrounding encryption and mass-market goods, saying some of those less-sensitive items should no longer be subject to strict license requirements. The group also asked BIS to eliminate some encryption-related reporting requirements that burden compliance professionals and said the agency should devote more resources to its licensing division, which will help speed up decisions on applications and classification requests.
The Court of International Trade on Dec. 15 dismissed importer Royal Brush Manufacturing's case challenging CBP's antidumping evasion finding against the company's cased pencil imports. Judge Mark Barnett said Royal Brush had to file a protest with CBP to allow the court to order reliquidation for its entries, which the agency illegally liquidated, so CIT doesn't have jurisdiction to hear the case. The company imported five entries, two of which were assessed the AD duties and three of which were not.