CBP and an importer reached a settlement in four customs cases on the classification of the company's photoresists. The goods were classified by CBP under Harmonized Tariff Schedule subheading 3707.90.32, covering certain chemical preparations for photographic uses, dutiable at 6.5%. The agency agreed to liquidate the entries as sensitizing emulsions under subheading 3707.10.00, dutiable at 3%. The cases were brought by Tokyo Ohka Kogyo America, formerly known as Ohka America, and cover hundreds of the company's entries (Ohka America v. U.S., CIT #s 04-00583, 05-00292) (Tokyo Ohka Kogyo America v. U.S., CIT #s 10-00243, 17-00067).
Tomato exporters led by NS Brands failed to show good cause to untimely intervene in a case on the Commerce Department's 1996 antidumping duty investigation on Mexican tomatoes, petitioner The Florida Tomato Exchange argued on Nov. 8. The petitioner said NS Brands knew when the case started that the parties were challenging Commerce's failure to continue the proceeding and "has shown no reason it could not have timely intervened in this proceeding" (Bioparques de Occidente v. United States, CIT Consol. # 19-00204).
After the Commerce Department made no changes to the results of a 2019-20 administrative review of the antidumping duty order on Chinese solar cells (see 2408300020) after a remand order (see 2405090045), importers and exporters said that the department had failed to follow the trade court’s instructions -- continuing to justify use of a second surrogate to value an input with the argument that it needed that input reported in something other than kilograms even though it itself ordered respondents to report that way (Jinko Solar Import and Export Co. v. United States, CIT # 22-00219).
The U.S. and an Italian pasta exporter argued before the U.S. Court of Appeals for the Federal Circuit on Nov. 8 over whether the Commerce Department should have distinguished pasta grades using the protein contents reported on the nutritional information that appears on the pasta’s packages or using companies’ internal information (La Molisana v. United States, Fed. Cir. # 23-2060).
Judges at the U.S. Court of Appeals for the Federal Circuit on Nov. 7 sharply questioned both exporter Oman Fasteners' missed deadline in an antidumping duty review and petitioner Mid Continent Steel & Wire's defense of the 154.33% adverse facts available rate imposed as a result. Judge Kimberly Moore led the way during oral argument, taking Oman Fasteners' attorney Michael Huston to task for seemingly hiding the missed deadline (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
Pay.gov will undergo maintenance Nov. 16 from 6 p.m. to 10 p.m. EST, the Court of International Trade said. Documents requiring the service can't be filed on CM/ECF during this time, the court said.
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade sustained the Commerce Department's decision on remand to not apply partial adverse facts available against exporter Garg Tube in the 2018-19 review of the antidumping duty order on welded carbon steel standard pipes and tubes from India. Judge Claire Kelly issued a confidential decision deciding the matter, giving the parties until Nov. 14 to review the confidential information in the opinion (Garg Tube Export v. U.S., CIT # 21-00169).
The Court of International Trade remanded the Commerce Department's finding that exporter Louis Dreyfus wasn't affiliated with its main fresh lemon supplier, leading to a de minimis rate for the company in the antidumping duty investigation on lemon juice from Brazil. Filing a confidential decision Nov. 7, Judge Claire Kelly gave the parties until Nov. 14 to review the confidential information in the opinion (Ventura Coastal v. U.S., CIT # 23-00009).
After the Court of International Trade ruled that a Section 301 exclusion for side protective attachments for trucks is a principal use provision, not an eo nomine one (see 2410070030), a vehicle accessories importer asked CIT Judge Jennifer Choe-Groves on Nov. 6 to either reconsider or let it bring an interlocutory appeal to the U.S. Court of Appeals for the Federal Circuit (Keystone Automotive Operations v. U.S., CIT # 21-00215).