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).
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.
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."
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.
India appealed an April World Trade Organization panel report that said its duties on information and communications technology goods destined to the EU violated India's tariff commitments, the WTO announced Dec. 14 (see 2304170018). The EU, Japan and Taiwan each have brought cases to the WTO to dispute the Indian tariffs, and India filed a similar appeal of Japan's case against the tariffs in May (see 2305250056). The WTO can't address the appeals because it doesn't have a functioning appellate body (see 2311200078).
India appealed an April World Trade Organization panel report that said its duties on information and communications technology goods destined to the EU violated India's tariff commitments, the WTO announced Dec. 14 (see 2304170018). The EU, Japan and Taiwan each have brought cases to the WTO to dispute the Indian tariffs, and India filed a similar appeal of Japan's case against the tariffs in May (see 2305250056). The WTO can't address the appeals because it doesn't have a functioning appellate body (see 2311200078).
The following lawsuits were recently filed at the Court of International Trade:
A September Court of International Trade decision is instructive in how to consider the Commerce Department's methodology for assessing de facto specificity regarding Quebec's On-The-Job-Training tax credit in a countervailing duty proceeding, exporter Marmen Energy Co. told the U.S. Court of Appeals for the Federal Circuit (Government of Quebec v. U.S., Fed. Cir. # 22-1807).