The U.S. Court of Appeals for the Federal Circuit on Oct. 10 issued its mandate after affirming the final results of the 2019-20 administrative review of the antidumping duty order on aluminum wire and cable from China (see 2508190041). In August, the appellate court upheld the Commerce Department's decision to reject exporter Jin Tiong Electrical Materials Manufacturer's response to a separate rate questionnaire that already has been rescinded. The court said "Commerce has broad discretion to set and enforce its regulatory procedures and deadlines" (Repwire v. United States, Fed. Cir. # 23-1933).
The Commerce Department improperly attributed freight and marine insurance income to antidumping duty respondent Suncity Metals and Tubes during the 2022-23 administrative review of the AD order on Indian-origin welded stainless pressure pipe, the respondent argued in an Oct. 9 complaint at the Court of International Trade (Suncity Metals and Tubes v. United States, CIT # 25-00222).
Mediation in a customs suit at the Court of International Trade on CBP's detention of importer Inspired Ventures' tire entries didn't result in a settlement, Judge Claire Kelly said in a report of mediation filed on Oct. 9 (Inspired Ventures v. United States, CIT # 24-00062).
The U.S. Court of Appeals for the Federal Circuit held oral argument in importer Nutricia's customs suit on the classification of various of the company's medical foods with Judges Sharon Prost, Richard Taranto and Leonard Stark probing Nutricia's claim that its products are "medicaments" and not "food preparations." During the argument, which was held on Oct. 8 in Boston as part of the court's efforts to schedule arguments outside Washington, D.C., Taranto stressed that the case largely turns on the definition of the term "dietetic" (Nutricia North America v. U.S., Fed. Cir. # 24-1436).
The Commerce Department properly decided not to treat accrued interest on unpaid antidumping duties as an indirect selling expense for AD respondent Koehler Paper in the 2021-22 administrative review of the AD order on thermal paper from Germany, the Court of International Trade held on Oct. 10. Judge Gary Katzmann said Commerce reasonably found the interest on the duties to not fall under the statutory or regulatory definition of an indirect selling expense, permissibly including the interest in the cost of producing the subject thermal paper.
Importer Galleher submitted a notice of appeal on Oct. 8 at the Court of International Trade, indicating it will take a case on the 2017 administrative review of the countervailing duty order on multilayered wood flooring from China to the U.S. Court of Appeals for the Federal Circuit. Last month, the trade court sustained the Commerce Department's remand results in the review, after the agency added a second respondent on remand and reconsidered certain benchmark calculations (see 2509120004). However, Galleher is appealing Commerce's decision to apply the individually calculated CVD rate to Jiangsu Guyu International Trading in the review, "despite deselecting the company as a mandatory respondent," which was at issue at an earlier stage of litigation (Jiangsu Senmao Bamboo and Wood Industry Co. v. United States, CIT Consol. # 20-03885).
Civil litigation attorney Corey Biazzo filed the second amicus brief against the legality of President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act, on Oct. 8, arguing that IEEPA categorically doesn't allow for tariffs (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The Commerce Department permissibly rejected an adjustment to the cost of production of utility-scale wind towers to "account for production volume decreases before a shutdown" and properly selected two Malaysian pipe manufacturers as the surrogate companies to determine antidumping duty respondent CS Wind's constructed value profit, the Court of International Trade held on Oct. 8. Judge Gary Katzmann upheld both of Commerce's decisions challenged by CS Wind in the 2021-22 administrative review of the AD order on Malaysian utility-scale wind towers, leaving the exporter with a 17.97% AD rate.
The Court of International Trade upheld CBP's determination, made on remand, that importer Scioto Valley Woodworking, Inc., evaded the antidumping duty and countervailing duty orders on wooden cabinets and vanities from China. In a decision made public Oct. 9, Judge Lisa Wang rejected Scioto's claim that CBP can only make an affirmative evasion finding if it finds the importer to actually have imported covered merchandise through evasion, and the judge found the evasion determination to be supported by substantial evidence.
The Commerce Department properly excluded seven types of bricks imported by Fedmet Resources Corp. from the scope of the antidumping duty and countervailing duty orders on magnesia carbon bricks from China on remand, the Court of International Trade held on Oct. 9. Judge M. Miller Baker said the conclusion comports with a 2014 U.S. Court of Appeals for the Federal Circuit decision, which led to the standard that the addition of any amount of alumina to a magnesia carbon brick excludes it from the orders.