Mediation in a customs penalty case did not result in a settlement, the Court of International said in a May 30 report. Judge Leo Gordon sat as the mediator and declared that the process wrapped up on May 26 without a result. The U.S. filed the suit alleging that Crown Cork & Seal USA misclassified its metal can lid imports, valued at around $51 million, underpaying around $1.3 million in duties between 2004 and 2009. The trade court previously denied Crown Cork's bid to dismiss fraud and gross negligence claims in the case (see 2302280053) (U.S. v. Crown Cork & Seal USA, CIT # 21-00361).
The Court of International Trade overlooked the principle that the Commerce Department has the burden to support its use of the expected method in antidumping cases, importer PrimeSource Building Products argued in a reply brief at the U.S. Court of Appeals for the Federal Circuit. The non-selected respondent filed the suit to challenge Commerce's decision to weight average two adverse facts available rates when calculating the non-selected respondents' rate in an administrative review on steel nails from Taiwan (PrimeSource Building Products v. United States, Fed. Cir. # 22-2128).
The following lawsuits were filed at the Court of International Trade during the weeks of May 15-21 and 22-28:
The following lawsuit was recently filed at the Court of International Trade:
Argentina launched a World Trade Organization dispute over U.S. antidumping measures on Argentinian oil country tubular goods.
Argentina launched a World Trade Organization dispute over U.S. antidumping measures on Argentinian oil country tubular goods.
The Commerce Department illegally relied on raw honey acquisition costs as a proxy to calculate costs of production in the antidumping duty investigation into raw honey from India, despite those respondents withholding information and impeding the investigation, the American Honey Producers Association and the Sioux Honey Association argued in a May 23 brief at the Court of International Trade (American Honey Producers Association v. U.S., CIT # 22-00195).
The U.S. Court of Appeals for the Federal Circuit again rejected the Coalition of Freight Coupler Producers' bid to redact 180 unique words in its reply brief in an attorney conflict-of-interest suit. Judge Alan Prost said most of the information the coalition is seeking to redact was made publicly available in the Court of International Trade proceeding, and said information relating to the terms of an engagement agreement the coalition sought to redact was "disclosed without objection" in importer Amsted Rail's opening and reply briefs (Amsted Rail Co. v. U.S., Fed. Cir. # 23-1355).
The following lawsuits were recently filed at the Court of International Trade:
ITC Failed to Consider 'Unprecedented' Conditions When Considering OCTG Imports, Manufacturers Argue
The International Trade Commission didn't properly consider the "unprecedented conditions" of competition during the period of review in its investigation on oil country tubular goods (OCTG) from Argentina and Mexico, which led to "erroneous volume, price, and impact determinations, Tenaris Bay City and consolidated plaintiffs from two other cases said in a May 22 motion for judgment at the Court of International Trade (Tenaris Bay City, Inc. v. U.S., CIT # 22-00344).