Exporter CVB will appeal a January Court of International Trade decision upholding the International Trade Commission's affirmative injury finding on mattresses from a host of countries to the U.S. Court of Appeals for the Federal Circuit. The trade court found various errors in the ITC's assessment of whether the market industry is segmented but nevertheless sustained the injury determination due to the "harmless error" principle (see 2312200070) (CVB v. U.S., CIT # 21-00288).

An importer said that CBP liquidated 227 of its entries at an incorrect 1.02% AD rather than at the proper de minimis rate, then denied its protests and refused refunds despite a correction from Commerce (PNS Clearance v. U.S., CIT #24-00044).

Antidumping duty petitioner Mid Continent Steel & Wire told the U.S. Court of Appeals for the Federal Circuit that exporter Oman Fasteners' opposition to its bid to stay the appeal is a strategic delay tactic (Oman Fasteners v. U.S., Fed. Cir. # 24-1350).

A vehicle accessories exporter's products are “steps bars,” as demonstrated by their usual industry use, designs and marketing, not “side protective attachments,” as the exporter claims, the government said Feb. 16 at the Court of International Trade (Keystone Automotive Operations v. U.S., CIT # 21-00215).

A U.S. motion to dismiss an importer's challenge of the way CBP handled liquidation after a prior disclosure amounts to a “mischaracterization” of its complaint, and the Court of International Trade also had jurisdiction over the case pursuant to the Customs Courts Act of 1980, the importer said (Larson-Juhl US v. U.S., CIT # 23-00032).

Exporter Tau-Ken Temir (TKT) and Kazakhstan's Ministry of Trade and Integration argued in a Feb. 12 reply brief that the Commerce Department doesn't have "essentially total discretion to decide deadlines and acceptance of filings." Responding to claims from the U.S. at the U.S. Court of Appeals for the Federal Circuit, TKT and the Kazakh ministry said the government didn't claim that any prejudice would have resulted from granting TKT's one-day extension request, which would have absolved the company from missing a filing deadline in a countervailing duty proceeding by 90 minutes (Tau-Ken Temir v. U.S., Fed. Cir. # 22-2204).

German corporation Conti, owner of the "Flaminia" vessel, petitioned the U.S. Court of Appeals for the 5th Circuit for rehearing on whether the court had personal jurisdiction over Mediterranean Shipping Co. in a suit seeking to confirm a $200 million arbitration award against the shipping giant. Conti said the grounds on which the appellate court rejected personal jurisdiction were twice waived since the company failed to raise them before the trial court and in its opening brief, and are wrong as a "factual matter" (Conti 11. Container Schiffarts-Gmbh & Co. KG M.S., MSC Flaminia v. MSC Mediterranean Shipping Co., 5th Cir. # 22-30808).

In Feb. 13 remand comments filed in the Court of International Trade, a domestic petitioner said that CIT erred in its ruling remanding a Moroccan phosphate fertilizer exporter’s CVD determination and that this forced the Commerce Department to incorrectly recalculate the exporter’s costs (The Mosaic Co. v. U.S., CIT # 21-00116).

CBP on Feb. 15 reversed its finding that importer Columbia Aluminum Products evaded the antidumping and countervailing duty orders on aluminum extrusions from China (Columbia Aluminum Products v. United States, CIT # 19-00185).

An importer and plaintiff-intervenor in an ongoing case regarding Thai steel truck wheels said Feb. 13 that the Commerce Department was ignoring the plain language of a scope of the relevant antidumping and countervailing duty orders to find its products were in-scope (Asia Wheel Co. v. U.S., CIT # 23-00143).