Missouri-based steel distributor Mid Continent Steel & Wire will appeal a Feb. 15 opinion by Court of International Trade Judge M. Miller Baker that nullified a "draconian" antidumping duty rate imposed on Oman Fasteners, according to a March 23 notice of appeal to the U.S. Court of Appeals for the Federal Circuit. In the CIT case, Baker found that Commerce abused its discretion by using adverse facts available to calculate a dumping rate of 154.33% for Oman Fasteners based on a single filing submitted 16 minutes late (see 2302280040). The case at CIT is still ongoing (Oman Fasteners v, United States, CIT # 22-0348).
The Court of International Trade stayed proceedings in a customs penalty case for another three months to allow the U.S. and defendants, led by Chu-Chiang "Kevin" Ho, to "finalize resolution of the matters." Judge Timothy Reif gave the parties until June 22 to either settle the case or file a joint status report. The U.S. seeks penalties due to fraud totalling over $2.9 million from Ho, Wintis Corp., Ship Communications, Aelis Nova and Maderdove. The government said Ho knowingly misclassified headlight conversion kits resulting in a duty underpayment (U.S. v. Chu-Chiang "Kevin" Ho, CIT # 19-00102).
The following lawsuit was recently filed at the Court of International Trade:
The following lawsuit was recently filed at the Court of International Trade:
The Commerce Department's determination to use acquisition costs as a proxy for costs of production without applying adverse inferences in its antidumping duty investigation covering raw honey from India was necessary to account for the structure of the Indian honey industry, with thousands of beekeepers and middlemen, and derived from lessons learned in a previous AD proceeding involving honey, DOJ argued in a March 17 reply brief at the Court of International Trade (American Honey Producers Association v. U.S., CIT # 22-00195).
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The following lawsuits were filed at the Court of International Trade during the week of March 13-19:
Importer Diamond Tools Technology did not make a "material and false statement" and so did not evade the antidumping and countervailing duty orders on diamond sawblades from China via Thailand, CBP said in remand results filed under protest with the Court of International Trade. CBP said it made its finding to bring the proceeding in line with the trade court's remand order, which said that DTT's "failure to declare" its pre-Dec. 1, 2017, imports as subject to the AD order was not a material and false statement under the Enforce and Protect Act (Diamond Tools Tech. v. Unied States, CIT # 20-00060).
The Commerce Department failed to correctly apply quarterly cost methodology in an antidumping duty review of certain carbon and alloy steel cut-to-length (CTL) plate from Italy, exporter Officine Tecnosider said in a March 17 motion for judgment at the Court of International Trade (Officine Tecnosider v. U.S., CIT # 23-00001).
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.