The 323.12% antidumping rate received by quartz countertop exporter Antique Group in an administrative review after it missed a questionnaire deadline by five hours is an abuse of the Commerce Department’s discretion, Court of International Trade Judge Mark Barnett said in a May 28 opinion. The judge ordered Commerce to accept the exporter’s late filing; he also determined that the department’s application of adverse facts available to Antique Group would have been unreasonable even if the court had upheld its rejection of the exporter’s late filing. Addressing petitioner Cambria’s claim, Barnett also concluded that Commerce must also reconsider or further explain its departure from the expected method in calculating nonselected respondents' rate.
Exporters of stainless steel flanges from India are close to a settlement with the government to avoid a remand in a case involving an antidumping duty review in which the Commerce Department selected only one respondent (Kisaan Die Tech Private Limited v. U.S., CIT Consol. # 21-00512).
Worthington Industries, a domestic producer, was granted permission by the court to intervene as a defendant in a case regarding the antidumping duty review on steel propane cylinders from Thailand (Sahamitr Pressure Container v. U.S., CIT # 24-00064).
Petitioners and mattress exporters filed two motions for judgment in two similar cases, both challenging the results of the 2020-2022 antidumping duty review of mattresses from Indonesia. The exporters said that their constructed value had been miscalculated, while the petitioner argued that the exporters’ products were not mattress toppers and didn't fit under that exclusion (PT Ecos Jaya Indonesia v. U.S., CIT # 24-00001; Brooklyn Bedding v. U.S., CIT # 24-00002).
The U.S. on May 24 pushed back against a petitioner’s claim that the Commerce Department allowed an exporter too much leeway in the first antidumping duty review of forged steel fluid end blocks from Italy (Ellwood City Forge Co. v. U.S., CIT # 23-00191).
Another petitioner spoke up in favor of the International Trade Commission's redaction of confidential business information after the commission was taken to task for allegedly going too far by Court of International Trade Judge Stephen Vaden (see 2404010066). (OCP v. U.S., CIT Consol. # 21-00219).
A hardwood plywood importer sought dismissal of its case in the Court of International Trade after winning a similar one April 8 (Liberty Woods International Inc. v. U.S., CIT # 20-00143).
In a 2022 case brought against both CBP and the Office of the U.S. Trade Representative, plaintiff Curia Global Inc., a drug development company, once again amended its complaint to remove one of its family companies, Curia Wisconsin, because “the entity is in the process of changing ownership and no longer wishes to join in this action" (Curia Global Inc. v. U.S., CIT # 22-00247).
After Court of International Trade Judge Stephen Vaden questioned the International Trade Commission in an oral hearing for what he considered to be over-redaction of a petitioner’s record information (see 2404010066), that petitioner supported the ITC’s decision in a brief May 22 (OCP v. U.S., CIT Consol. # 21-00219).
CBP “without explanation” reclassified imported nitrile rubber gloves as non-medical gloves and subjected them to a 3% duty rate, despite the gloves meeting all FDA requirements for medical gloves, their importer said in a complaint filed at the Court of International Trade May 22 (SW Technologies v. U.S., CIT # 23-00119).