Countervailing duty petitioner Rebar Trade Action Coalition said the U.S. Court of Appeals for the Federal Circuit has the authority to reinstate the Commerce Department's original determination attributing subsidies received by an exporter's cross-owed input supplier to the exporter itself (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, Fed. Cir. # 24-1431).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department in remand results submitted to the Court of International Trade on July 12 nudged exporter Gujarat Fluorochemicals' antidumping duty rate from 10.01% to 10.36% after reversing its decision to grant the company a constructed export price offset (Daikin America v. U.S., CIT # 22-00122).
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. is seeking over $1.1 million in unpaid antidumping and countervailing duties plus a $2 million civil penalty against importer Forest Group USA and its alleged successor company, Drapery Hardware USA, the government said in a customs penalty suit filed July 10 (U.S. v. Forest Group USA, CIT # 24-00117).
Judges at the U.S. Court of Appeals for the Federal Circuit during a July 11 oral argument probed the government and parties to an antidumping and countervailing duty scope case on its standard of review in the scope case. Judge Sharon Prost said at the outset that the court is "being very careful" in terms of what it says on standard of review issues in "light of all of the recent opinions and litigation concerning standard of review" in administrative law issues (Worldwide Door Components v. United States, Fed. Cir. # 23-1532).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A hardwood plywood importer that won its 2022 case against an affirmative evasion finding is seeking payment of its court expenses and attorney’s fees from the U.S. government. The importer on July 8 said CBP’s investigation against it had never been supported by substantial evidence and was instead the result of “bad acts” and “various violations of federal regulations” by the government (Interglobal Forest v. U.S., CIT # 22-00240).
The U.S. told the U.S. Court of Appeals for the Federal Circuit July 8 that its decision not to appear in an antidumping and countervailing duty scope case "has no effect on the Court's standard of review." Filing a supplemental brief as an amicus at the invitation of the court, the government said its decision not to join the appeal "merely reflects its reasoned consideration not to pursue the appellate process" (Worldwide Door Components v. U.S., Fed. Cir. # 23-1532) (Columbia Aluminum Products v. U.S., Fed. Cir. # 23-1534).
The Commerce Department was right to consider the assembly of hardwood plywood in Vietnam “minor and insignificant” when it reached an affirmative circumvention ruling for 20 Vietnamese exporters, the U.S. said July 2 in response to importers’ and exporters’ multiple motions for judgment (see 2404020054) and 2402020054) (Shelter Forest International Acquisition v. U.S., CIT Consol. # 23-00144).