Supporting its own motion for judgment (see 2407190048) in a case regarding the oft-litigated countervailing duties on South Korea’s low-cost provision of off-peak electricity (see 2406200062), the Korean government said Nov. 26 the opposition’s cited cases were distinct from the current situation (POSCO v. U.S., CIT # 24-00006).
After seeking supplemental evidence from both parties, the Commerce Department on remand continued to find that an Indian frozen shrimp exporter had no reason to believe its home market sales of unbranded shrimp were destined for any location other than India. It kept the exporter’s antidumping duty rate at 7.92%, pending the trade court’s approval (Ad Hoc Shrimp Trade Action Committee v U.S., CIT Consol. # 23-00202).
The following lawsuits were recently filed at the Court of International Trade:
In response to a U.S. opposition to its motion for judgment that included an accusation that it had fabricated a lab test (see 2410300052) -- after it itself claimed CBP had put the wrong test on the record (see 2406240048) -- an importer said Nov. 23 that DOJ had illegally “cited to matters from outside the record” (Vanguard Trading Co. v. U.S., CIT # 23-00253).
No lawsuits were recently filed at the Court of International Trade.
Against opposition from exporters (see 2411190063), the U.S. supported Nov. 21 the Commerce Department’s continued decision on remand to use an inter-quarter comparison for an aspect of an administrative review and same-quarter comparisons for another (see 2409240022) (Universal Tube and Plastic Industries v. U.S., CIT # 23-00113).
In an eight-count complaint, the Israeli government took issue Nov. 22 with the International Trade Commission’s affirmative injury finding regarding Israeli brass rods. Among other things, Tel Aviv said that the Oct. 7, 2023, terrorist attack on Israel, which occurred a week after the period of investigation ended, disincentivized underselling by the country’s exporters because it “significantly impaired” their manufacturing (Government of Israel, Ministery of Economy and Industry v. U.S., CIT # 24-00197).
Importer Printing Textiles, doing business as Berger Textiles, will appeal a Court of International Trade decision sustaining the Commerce Department's scope ruling that includes Printing Textile's "Canvas Banner Matisse" imports within the scope of the antidumping duty order on artist canvas from China (see 2410090022). In its decision, the trade court found the following sentence to be ambiguous: "Priming/coating includes the application of a solution, designed to promote the adherence of artist materials, such as paint or ink, to the fabric." The court said Commerce's interpretation of this sentence wasn't "per se unreasonable," rejecting Printing Textiles' bid for a narrow interpretation of the words "priming/coating" (Printing Textiles, d/b/a Berger Textiles v. U.S., CIT # 23-00192).
The U.S. moved for a default judgment against importer E-Dong U.S.A. in a customs penalty suit at the Court of International Trade after the company failed to respond to the government's complaint. The U.S. brought the suit in March accusing E-Dong of failing to pay federal excise tax on entries of soju bottles from South Korea (see 2403290035). The government said the company entered the soju via "material or false statement" by failing to reference any of the owed excise tax. The summons and complaint were filed on March 28, and on Oct. 12, E-Dong was deemed served (U.S. v. E-Dong, U.S.A., CIT # 24-00066).
The U.S. defended the methodology it used to calculate the amount of supplier subsides attributable to exporters Les Produits Forestiers D&G and its cross-owned affiliates, led by Les Produits Forestiers Portbec, on remand in a case on the expedited countervailing duty review of Canadian softwood lumber. Filing remand comments on Nov. 15, the government said two alternative methodologies floated by the petitioner, the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations, both fall short (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. U.S., CIT Consol. # 19-00122).