The following lawsuits were recently filed at the Court of International Trade:
Country of origin cases
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Office of the U.S. Trade Representative's defense of its decisions to impose lists 3 and 4A Section 301 tariffs "makes a mockery of a detailed law in which Congress circumscribed what USTR may do and on what basis," four administrative and trade law professors said in an amicus brief. Filing at the U.S. Court of Appeals for the Federal Circuit July 24, the professors said USTR did not have the statutory authority to impose the retaliatory duties on $320 billion worth of Chinese goods because the statute did not allow retaliation to serve as the basis for the duties, nor did it allow the drastically larger price tag (HMTX Industries, et al. v. U.S., Fed. Cir. # 23-1891).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer PrimeSource Building Products moved for a partial stay of the Court of International Trade's order dismissing its suit challenging President Donald Trump's expansion of Section 232 steel and aluminum duties onto "derivative" products. PrimeSource said it wants the order stayed pending the resolution of its appeal to the U.S. Supreme Court (Primesource Building Products v. U.S., CIT # 20-00032).
The Court of International Trade in a July 24 opinion granted the Commerce Department's voluntary remand request to address alleged errors in calculating the antidumping margin as part of the investigation on forged steel fluid end blocks from Germany. Judge Stephen Vaden also sent the case back after finding that Commerce did not express a clear rationale for its refusal to address petitioner Ellwood City Forge Co.'s claims on alternate legal grounds Commerce could have used to make a particular market situation adjustment.
The Commerce Department illegally relied on unverified data from respondent Saffron Living Co. in an antidumping duty investigation on mattresses from Thailand, the Court of International Trade ruled in a July 20 opinion. While the government claimed that because Commerce was unable to verify Saffron's information, it could use the exporter's information as facts otherwise available, Judge M. Miller Baker said this reading would "eviscerate the separate requirement" that Commerce verify all information relied on in making a final determination.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade in a July 19 opinion upheld the Commerce Department's decision to assign exporter Double Coin Holdings the 105.31% China-wide antidumping duty rate in an administrative review of the AD order on off-the-road tires from China. Judge Timothy Stanceu said the decision complies with the court's previous decision finding that Double Coin did not rebut the presumption of Chinese state control over its export activities. No parties commented on the remand results.
The Commerce Department got its remand results right when it concluded that hardwood plywood made using two-ply panels imported into Vietnam from China and then exported to the U.S. by the Vietnam Finewood Company were outside the scope of antidumping and countervailing duties on hardwood plywood from China, plaintiffs Far East American and Liberty Woods International said in a July 19 response (Far East American v. U.S., CIT Consol. # 22-00049).