Surety firm Aegis Security Insurance Co. argued on Oct. 21 that the government's action seeking to collect unpaid duties on a Chinese honey entry imported in 2002 is barred by the statute of limitations or CBP's failure to issue the bill for the duties within a reasonable amount of time. Should either of these theories fall short, Aegis said it's entitled to judgment due to CBP's "inordinate and inexcusable delay in billing Aegis" and the fact that its reinsurer went insolvent, among other confounding factors, the company said (United States v. Aegis Security Insurance Co., CIT # 22-00327).
The following lawsuit was recently filed at the Court of International Trade:
Responding to petitioners’ pushback (see 2409270050) against new results on remand that saw the Commerce Department lower a Brazilian honey exporter’s antidumping duty rate from 83.72% to 10.52%, the U.S. said it supports the results (Apiario Diamante Comercial Exportadora v. United States, CIT # 22-00185).
The Court of International Trade on Oct. 21 in a confidential decision sustained the Commerce Department's denials of all eight of importer Seneca Foods Corp.'s requests for exclusions from Section 232 steel and aluminum tariffs. Judge Gary Katzmann gave the parties until Oct. 22 to review the confidential information in the decision. Katzmann previously remanded the exclusion rejection on the grounds the Bureau of Industry and Security failed to address contradicting evidence that the U.S. industry couldn't timely provide the importer's tin mill products (see 2310180052). On remand, BIS stuck with its rejections of the exclusion requests, finding that U.S. Steel can make the same products in a sufficient quantity and in a timely manner to satisfy Seneca's needs (see 2404020047) (Seneca Foods Corp. v. United States, CIT # 22-00243).
The Court of International Trade on Oct. 18 granted the voluntary dismissal of importer LE Commodities' challenge to the Commerce Department's rejection of its requests for exclusions from Section 232 steel and aluminum tariffs (LE Commodities v. U.S., CIT # 23-00220).
The U.S. asked the Court of International Trade on Oct. 18 for a voluntary remand of the final results of the Commerce Department's 2019-2020 review of the countervailing duty order on aluminum extrusions from China, saying it wants to consider the impact of recent remand results in the cases Global Aluminum Distributor v. U.S. and H&E Home v. U.S. (see 2209080013) (Kingtom Aluminio v. United States, CIT Consol. #22-00072).
Exporter Hoshine Silicon (Jia Xiang) Industry Co. on Oct. 18 told the Court of International Trade that it has statutory and constitutional standing to challenge CBP's denial of its petition to modify the withhold release order imposed on silica-based products made by its parent company Hoshine Silicon and its subsidiaries (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
The Court of International Trade on Oct. 21 sent back the Commerce Department's de jure specificity finding regarding exporter Kaptan Demir Celik Endustrisi ve Ticaret's exemption from Turkey's 0.2% Banking and Insurance Transactions Tax on foreign exchange transactions. Judge Gary Katzmann said that, in the 2020 review of the countervailing duty order on Turkish rebar, the agency failed to show that the exemption was limited by enterprise or industry.
Exporter Shelter Forest International Acquisition filed a reply brief at the Court of International Trade on Oct. 15, arguing that the U.S. and petitioner Coalition for Fair Trade in Hardwood Plywood failed to justify the Commerce Department's rejection of the company's new factual information in a circumvention proceeding on Vietnamese hardwood plywood. Shelter Forest said both the government and the petitioner didn't address "important past judicial precedent" (Shelter Forest International Acquisition v. United States, CIT Consol. # 23-00144)
Defendant-intervenors opposed Oct. 15 an exporter’s motion for judgment, supporting an affirmative Commerce Department circumvention determination regarding circular welded steel pipe imports from Vietnam. The department claimed the pipe actually originated from South Korea, India and China (SeAH Steel Vina Corp. v. United States, CIT Consol. #s 23-00256, -00257, -00258).