Petitioner Brooklyn Bedding's argument against two issues in a case on the antidumping duty investigation on Indonesian mattresses amount to "mere disagreement" with the Commerce Department's decisions, "falling far short of the required showing," the U.S. told the U.S. Court of Appeals for the Federal Circuit in a Dec. 3 reply brief (PT. Zinus Global Indonesia v. United States, Fed. Cir. # 25-1674).
In a statement of issues filed Nov. 24, petitioners Catfish Farmers of America again said their most recent case (see 2508200051) challenges the zero percent antidumping duty rate applied to all 2022-23 Vietnamese frozen fish fillet administrative review respondents (Catfish Farmers of America v. United States, CIT # 25-00156).
Antidumping duty respondent Oman Fasteners opened a lawsuit last week against its former counsel, Perkins Coie, for legal malpractice and breach of fiduciary duty in its representation of the exporter in AD proceedings on steel nails from Oman. Filing suit in Washington state court, Oman Fasteners centered on two alleged mistakes made by the Perkins Coie attorneys: the failure to submit a fully translated surrogate financial statement in the AD investigation and to meet a filing deadline in the sixth review of the AD order, which led to a total adverse facts available AD rate.
The Court of International Trade on Oct. 20 denied importer Detroit Axle's motion to lift the stay of its case contesting President Donald Trump's decision to end the de minimis threshold for goods from China. In a text-only order, the trade court said the company's motion for partial summary judgment is stayed pending resolution of V.O.S. Selections v. Donald J. Trump, the lead case on whether Trump can use the International Emergency Economic Powers Act to impose tariffs, which is currently being briefed before the Supreme Court (Axle of Dearborn d/b/a Detroit Axle v. United States, CIT # 25-00091).
Importer Detroit Axle opposed the government's motions for an extension of time to respond to the company's motions for leave to amend its complaint and for partial summary judgment in its case against President Donald Trump's decision to end the de minimis threshold for goods from China. Detroit Axle said the U.S. "has failed to establish 'good cause'" for being given another 35 days to respond to the motions to amend and for partial summary judgment if the Court of International Trade dissolves the stay of the case (Axle of Dearborn d/b/a Detroit Axle v. United States, CIT # 25-00091).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. on Sept. 24 opposed a company’s motion to resume its case challenging the end of de minimis, arguing that the case still raises the same legal questions as V.O.S. Selections vs. U.S. despite a new executive order officially rescinding de minimis globally (Axle of Dearborn d/b/a Detroit Axle v. United States, CIT # 25-00091).
The Commerce Department rejected a submission from respondent Assan Aluminyum as untimely in its third remand results in a case on the antidumping duty investigation on common alloy aluminum sheet from Turkey at the Court of International Trade. Despite accepting the submission in its second remand results, the agency said on remand that the information in the submission didn't correct information from the company's earlier submission but rather was an "untimely effort by Assan to supplement its own prior questionnaire response" (Assan Aluminyum Sanayi ve Ticaret v. United States, CIT Consol. # 21-00246).
Detroit Axle, the company challenging President Donald Trump's decision to eliminate the de minimis threshold on goods from China, moved to set aside the Court of International Trade's stay of its case pending the lead suit on tariff action taken under the International Emergency Economic Powers Act. The company said while the relief it's seeking initially overlapped with the relief sought by the plaintiffs in the lead tariff suit, that's "no longer the case" in light of Trump's recent executive order rescinding the de minimis threshold globally (Axle of Dearborn d/b/a Detroit Axle v. United States, CIT # 25-00091).
The Commerce Department appropriately resorted to total adverse facts available against countervailing duty respondent Pastificio Gentile in the 2021 CVD review of Italian pasta, for failing to report all its affiliated companies, the Court of International Trade held in a decision made public Sept. 3. However, Judge Mark Barnett remanded the review for Commerce to explain the legal basis under which the agency decided to countervail programs it verified were unused during the period of review as part of the AFA treatment.