The Court of International Trade on April 11 remanded the Commerce Department's duty drawback calculation methodology for exporter Assan Aluminyum that led to a de minimis rate in an antidumping duty investigation on common alloy aluminum sheet from Turkey. Judge Gary Katzmann said Commerce incorrectly applied the drawback adjustment to all Assan's U.S. sales although only some contributed directly to the receipt of duty exemptions in Turkey during the investigation period. The judge also said Commerce failed to fully explain its decision by not addressing two claims from the AD petitioners, the Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group.
The Court of International Trade on April 10 remanded the Commerce Department's use of a 10.54% adverse facts available rate for alleged benefits exporter Yama Ribbons and Bows Co. received from China's Export Buyer's Credit Program. Judge Timothy Stanceu agreed with Yama that the agency failed to show that the subsidy program from which the rate was taken -- preferential lending rates to China's coated paper industry program -- is similar to the EBCP.
The following lawsuits were recently filed at the Court of International Trade:
A xanthan gum domestic producer said in an April 8 complaint that an antidumping duty petitioner hadn’t proved it was actually an “interested party,” but that the Commerce Department had let it participate in an administrative review anyway (CP Kelco U.S., Inc. v. U.S., CIT # 24-00059).
After a remand, the Commerce Department once again refused to exclude certain steel products from Section 232 steel and aluminum duties even though their importer can’t get the needed materials domestically, that importer said in March 8 comments. Instead, it claimed, the department continued to simply rely on the word of its competitor (California Steel Industries v. U.S., CIT # 21-00015).
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The U.S. on April 8 moved to dismiss a customs suit from importer UniChem Enterprises for lack of subject-matter jurisdiction. It said no protestable decision was made on the lone entry of 7-keto dehydroepiandrosterone (7-Keto DHEA) because the shipment is detained pending a decision by the Drug Enforcement Administration (UniChem Enterprises v. United States, CIT # 24-00033).
Chinese exporter Jilin Forest Industry Jinqiao Flooring Group Co. urged the U.S. Court of Appeals for the Federal Circuit to "re-visit and question" the Commerce Department's basis for its non-market economy policy in antidumping duty proceedings. The exporter noted that the policy "has reigned for over twenty years without serious legal challenge," arguing that the appellate court has never directly reckoned with the policy's legality and that it's "high time" for such a review (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).
The Court of International Trade on April 10 said that neither the U.S. nor importer Blue Sky the Color of Imagination properly classified entries of four types of notebooks with calendars, ultimately finding that the products fit under Harmonized Tariff Schedule subheading 4820.10.20.10 as "diaries." Judge Jane Restani said that the Harmonized System should be interpreted to provide "conformity" between the French and English versions of the HS. As a result, the judge looked to the French and English definitions of the term "diary," which both describe as a notebook to write what one proposes or remembers what to do.
On April 5, a Vietnamese steel pipe exporter sought to limit, and the U.S. opposed, domestic petitioners’ attempt to consolidate three of the exporter’s cases in the Court of International Trade (SeAH Steel VINA Corp. v. U.S., CIT # 23-00256, -00257, -00258).