The U.S. and Indian frozen shrimp exporter Megaa Moda supported March 7 the Commerce Department’s results on remand of an antidumping duty administrative review (see 2411270055). Finding that Megaa Moda knew certain of its home market sales would be exported required affirmative evidence that the record lacked, they said (Ad Hoc Shrimp Trade Action Committee v. U.S., CIT Consol. # 23-00202).
Food supplement exporter BASF filed March 17 in opposition to the U.S.’s cross-motion for judgment in its case. It disagreed with the government’s claim that its products didn’t fit the requirements of BASF’s preferred Harmonized Tariff Schedule heading (BASF Corporation v. United States, CIT Consol. # 12-00422).
The Commerce Department said on remand at the Court of International Trade that importer Hardware Resources' edge-glued wood boards are wood mouldings and millwork products subject to antidumping and countervailing duty orders on that product from China (Hardware Resources v. United States, CIT # 23-00150).
CBP is not entitled to Customs Passenger Processing Fees paid by individual passengers that cancel their tickets and never actually travel to the U.S., the Court of International Trade held on March 18. Siding with Southwest Airlines, Judge Gary Katzmann said that the statute, 19 U.S.C. 58c(a), doesn't allow CBP to collect the fees where the customer doesn't travel to the U.S. and no customs inspection services are performed.
Dutch mushroom exporter Prochamp said March 14 that Germany had been the right third-country comparison market in an antidumping duty investigation of its products, echoing the argument raised by the U.S. (see 2503030073) (Giorgio Foods v. United States, CIT # 23-00133).
Citing a lack of subject matter jurisdiction, the U.S. sought March 14 to have dismissed exporter J.D. Irving’s case regarding some of its entries’ cash deposit rate (J.D. Irving v. U.S., CIT #22-00256).
The U.S. defended the expert testimony of its expert witness, Dr. Radhakrishnaiah Parachuru, in importer Viecura's customs suit on the classification of its pants designed to assist with incontinence. Filing a brief in opposition to Viecura's challenge to Parachuru's testimony on March 14, the government said the doctor has "specific and relevant experience with incontinence pants design" and based his testimony on reliable methodologies (Viecura v. United States, CIT # 21-00154).
The Court of International Trade on March 18 held that CBP is not entitled to Customs Passenger Processing Fees paid by individual passengers who cancel their tickets and who never receive a refund or fail to use a travel credit. Judge Gary Katzmann sided with Southwest Airlines on the issue, first finding that CBP isn't entitled to the fee under the statute, 19 U.S.C. § 58c(a), where no passenger arrives in the U.S. and where the agency didn't provide any customs services. The judge also held that CBP's Guidance Letters on the topic can't usurp the statute and that Southwest doesn't hold the fees in a "constructive trust" for CBP, since the agency has "no equitable interest in a fee where no passenger travels."
Jane Dempsey, former attorney in the Office of the General Counsel at the International Trade Commission, has joined Polsinelli as counsel in the trade remedies practice, the firm said. At the ITC, Dempsey served as lead counsel in trade remedies litigation before the Court of International Trade and U.S. Court of Appeals for the Federal Circuit.
The Court of International Trade on March 13 severed exporter Fontaine's case against the expedited countervailing duty investigation on softwood lumber products from Canada from the consolidated action on the review. Judge Mark Barnett sustained the review "with respect to Fontaine," ordering that the relevant entries be liquidated in line with the court's decision. In January, Barnett sustained the Commerce Department's use of Fontaine's FY 2015 tax returns to calculate the amount of the tax benefits received by the company (see 2501290040). The remaining issues in the case are unrelated to Fontaine (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, CIT # 19-00122).