Dominican aluminum extrusions exporter Kingtom Aluminio, which faces a CBP forced labor finding, defended Oct. 31 the Court of International Trade’s decision to vacate the finding pending the conclusion of litigation. It declared that “[i]ts very survival is in jeopardy” due to the finding (Kingtom Aluminio v. United States, CIT # 24-00264).

The following lawsuit has been filed recently at the Court of International Trade:

Fertilizer exporter OCP on Oct. 27 challenged the International Trade Commission's second remand determination that the U.S. industry is materially injured by phosphate fertilizers from Morocco and Russia, arguing that the ITC relied on the "same facts and reasoning" rejected by the Court of International Trade in its previous decision (OCP S.A. v. United States, CIT Consol. # 21-00219).

The U.S. Court of Appeals for the Federal Circuit on Oct. 30 issued its mandate in a case on the 2019-20 administrative review of the antidumping duty order on large diameter welded pipe from Greece. Last month, the court said the Commerce Department reasonably used adverse facts available against respondent Corinth Pipeworks Pipe Industry for failing to remedy deficiencies in its cost reconciliation submission (see 2509080027). CAFC said Commerce wasn't required to provide Corinth with an opportunity to comment on the agency's analysis that led to the conclusion that the company's reported costs didn't reconcile with its financial accounting system (Corinth Pipeworks Pipe Industry v. United States, Fed. Cir. # 23-2094).

Exporters Jiangsu Senmao Bamboo and Wood Industry, Jiangsu Keri Wood and Sino-Maple won't participate in the appeal on the 2017 administrative review of the countervailing duty order on multilayered wood flooring from China despite having participated in the case at the Court of International Trade (Jiangsu Senmao Bamboo and Wood Industry Co. v. United States, Fed. Cir. # 26-1050).

CBP erroneously found that importer Superon Schweisstechnik's stainless steel round wires aren't coated in a "flux material" and thus misclassified three types of the wires, Superon argued in an Oct. 30 complaint filed at the Court of International Trade. The importer faulted CBP for using the "conventional test methods" on the wires' coating, "rather than the globally recognized specialized methods necessary for identifying" the type of coating on the wires (Superon Schweisstechnik India v. United States, CIT # 21-00570).

The following lawsuits have been filed recently at the Court of International Trade:

Importer PGS Distributing's customs case on its wood flooring entries at the Court of International Trade was dismissed on Oct. 28 for lack of prosecution. The case was added to the customs case management calendar and wasn't removed before the expiration of the "applicable period of time of removal." PGS Distributing brought the suit in 2021 to contest CBP's denial of its protest over whether CBP's report of transshipment is related to plywood and not to multilayer wood flooring (see 2110180070). Counsel for the importer didn't immediately respond to a request for comment (PGS Distributing v. United States, CIT # 21-00564).

Importer Riverside Plywood and exporter Baroque Timber Industries (Zhongshan) will appeal a Court of International Trade case on the 2017 administrative review of the countervailing duty order on multilayered wood flooring from China, joining importer Galleher in appealing the case (see 2510090007) (Jiangsu Senmao Bamboo and Wood Industry Co. v. United States, CIT Consol. # 20-03885).

Riverside Plywood and Baroque Timber Industries (Zhongshan) will appeal a Court of International Trade case on the 2018 administrative review of the countervailing duty order on multilayered wood flooring from China (Evolutions Flooring v. United States, CIT Consol. #21-00591).