The Court of International Trade sustained CBP's finding that Dominican exporter Kingtom Aluminio didn't evade antidumping and countervailing duty orders on aluminum extrusions from China. In a June 13 decision made public July 8, Judge Richard Eaton said Kingtom responded to all U.S. requests for information during an Enforce and Protect Act investigation, precluding the use of adverse facts available. He also said the court can't ignore "the total lack of any record evidence of any imports by Kingtom into the Dominican Republic" of aluminum extrusions made in China.
The following lawsuits were filed at the Court of International Trade during the weeks of June 10-16, 17-23 and 24-30:
The U.S. on July 1 urged the Court of International Trade to dismiss customs broker Seko Customs Brokerage's suit contesting CBP's suspension of the company from participation in the Entry Type 86 pilot and Customs-Trade Partnership Against Terrorism program. The government said Seko's claims aren't ripe for judicial review, are moot and are premature (Seko Customs Brokerage v. U.S., CIT # 24-00097).
The U.S. Supreme Court on June 28 overturned a hallmark of administrative law that had stood for four decades: the principle, established in Chevron v. Natural Resources Defense Council, of deferring to federal agencies' interpretation of ambiguous statutes.
The Drug Enforcement Administration told CBP that it believes importer UniChem's entry of "7-keto dehydroepiandrosterone is a Schedule III anabolic steroid and its importation violates DEA regulations." As a result, DEA requested that CBP seize the entry on DEA's behalf, the U.S. told the Court of International Trade in a June 25 status report (UniChem Enterprises v. U.S., CIT # 24-00033).
On July 1, the Commerce Department will begin reconducting the sunset reviews on stilbenic optical brightening agents (OBAs) from Taiwan and China, after the Court of International Trade on May 28 found that the regulatory provision upon which Commerce relied to revoke the antidumping duty orders on OBAs from the two countries (see 2212280023) violated the Tariff Act.
The Court of International Trade dismissed importer Greentech Energy Solutions' challenge to antidumping and countervailing duties on Chinese solar cells to its Vietnamese solar cell entries for lack of subject-matter jurisdiction under Section 1581(i), the court's "residual" jurisdiction.
The Commerce Department is amending the amended final determination in the less-than-fair-value investigation on mattresses from Cambodia (A555-001), covering the period Jan. 1, 2019, through Dec. 31, 2019, based on the May 16 final decision in a court case challenging the amended final determination. To satisfy the Court of International Trade, Commerce recalculated the weighted-average dumping margin for Best Mattresses/Rose Lion, and that resulted in the margin changing from 52.4% to 103.79%. Because of that change, the dumping margin applicable to all other companies also changed from 52.41% to 103.79%.
The Court of International Trade on June 12 rejected customs broker Seko Customs Brokerage's motion for an expedited briefing schedule on its motion for an injunction in its suit against CBP's suspension of the company from participation in the Entry Type 86 and Customs-Trade Partnership Against Terrorism programs (Seko Customs Brokerage v. U.S., CIT # 24-00097).
The following lawsuits were filed at the Court of International Trade during the week of June 3-9: