Antidumping duty petitioner Domtar dropped its case at the Court of International Trade on the 2022-23 administrative review of the AD order on thermal paper from Germany. Domtar filed a notice of dismissal on Oct. 21, which the court granted the same day. Counsel for Domtar didn't immediately respond to a request for comment (Domtar v. United States, CIT # 25-00213).
The International Trade Commission "largely ignored the market conditions" and failed to give meaning to the term "significant" when assessing the volume of imports of oil country tubular goods from Argentina, Mexico, Russia and South Korea, importers led by Tenaris Bay City said in their opening brief at the U.S. Court of Appeals for the Federal Circuit (Tenaris Bay City v. United States, Fed. Cir. # 25-2034).
The Commerce Department reasonably decided to include two types of products made by antidumping duty respondent BGH Edelstahl Siegen in its calculation of BGH's home market sales, the Court of International Trade held on Oct. 22. Judge Mark Barnett said the respondent's attempt to remove these two products from the normal value calculation failed, since it necessarily required the addition of an end-use requirement in the scope of the AD order on forged steel fluid end blocks from Germany.
No lawsuits have been filed recently at the Court of International Trade.
The U.S. dropped its appeal of a Court of International Trade decision finding that CBP isn't entitled to Customs Passenger Processing Fees paid by individual passengers who cancel their tickets and never actually travel to the U.S. After the government said it was dropping the case against Southwest Airlines, the U.S. Court of Appeals for the Federal Circuit dismissed the proceeding (Southwest Airlines Co. v. United States, Fed. Cir. # 25-1797).
Exporter Kumho Tire (Vietnam) will appeal the Court of International Trade's decision sustaining the Commerce Department's decision to countervail Vietnamese currency undervaluation, according to an Oct. 21 notice of appeal. In August, the trade court upheld Commerce's finding that the currency undervaluation program was specific to the traded goods sector and thus countervailable in the countervailing duty investigation on passenger vehicle and light truck tires (see 2508220052). In an earlier decision, Judge Timothy Reif held that the agency had the authority to countervail currency undervaluation programs (see 2410280035). Kumho Tire now will take the case to the U.S. Court of Appeals for the Federal Circuit (Kumho Tire (Vietnam) v. United States, CIT # 21-00397).
The Court of International Trade on Oct. 21 granted the government's motion for default judgment against importer E-Dong, U.S.A. for negligently failing to pay a federal excise tax on 20 entries of its "Korean distilled beverage soju." Judge Timothy Reif ordered E-Dong to pay $234,748.30 in unpaid federal excise tax along with pre- and post-judgment interest, which shall be calculated according to the relevant statutes.
The 12 U.S. states challenging President Donald Trump's ability to impose tariffs under the International Emergency Economic Powers Act filed their reply brief at the Supreme Court on Oct. 20, arguing that the text of IEEPA doesn't allow for any tariffs to be imposed and that Trump's reciprocal tariffs and tariffs to combat the flow of fentanyl don't meet the statute's other requirements (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The Court of International Trade on Oct. 17 said that it will remain open despite the lapse in federal appropriations, adding that it will "continue all excepted activities" under the Anti-Deficiency Act and follow the Guide to Judiciary Policy.
The Commerce Department properly excluded importer Elysium Tiles' composite tile from the scope of the antidumping duty and countervailing duty orders on ceramic tile from China, the Court of International Trade held on Oct. 20. After instructing Commerce to consider the (k)(2) scope factors on remand, Judge Jane Restani sustained the agency's (k)(2) analysis as reasonable.