The Court of International Trade on Sept. 3 sustained the Commerce Department's second remand results in the 2020-21 administrative review of the antidumping duty order on steel plate from Italy, in a confidential decision. In a letter to the litigants, Judge Claire Kelly gave the parties until Sept. 9 to review the confidential information in the decision. The case was previously before Judge Stephen Vaden, who sent back the agency's use of a quarterly cost methodology to analyze exporter Officine Tecnosider's sales during the review (see 2409170068). On remand, Commerce again chose to calculate the respondent's costs quarterly, rather than annually (see 2501160082) (Officine Tecnosider SRL v. United States, CIT Consol. # 23-00001).
On remand, the Commerce Department determined Aug. 29 that it wouldn’t use the Cohen’s d test in its calculation of German paper exporter Koehler Paper SE’s antidumping duty margin, instead applying its new “price difference test” (Matra Americas v. United States, CIT # 21-00632).
The following lawsuit was filed recently at the Court of International Trade:
Knit underwear importer Viecura opposed the government’s motion for judgment in Viecura’s classification case Aug. 29 after arguing that a number of material facts are still in dispute (Viecura v. United States, CIT Consol. # 21-00154).
The Court of International Trade last week stayed until Nov. 26 exporter Hoshine Silicon (Jia Xing) Industry's (Jiaxing Hoshine's) case against a withhold release order on silica-based products made by its parent company, Hoshine Silicon, or its subsidiaries. The parties in the case asked for the stay while Jiaxing Hoshine works its way through the administrative process (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
Surety company U.S. Specialty Insurance Company argued in an Aug. 29 complaint at the Court of International Trade that CBP failed to use transaction value to value importer Cheer Rise's garment entries. Instead, the agency arbitrarily decided to use the "fall back method" of appraisal, "rendering the appraisement unlawful," the complaint said (U.S. Specialty Insurance Co. v. United States, CIT # 25-00188).
After several years of delay, plywood importer Cabinetworks Group Middlefield filed an Aug. 29 complaint alleging certain of its entries were wrongly assessed the China-wide 114.72% antidumping duty rate instead of its manufacturer’s and exporter’s 57.07% AD rate (Cabinetworks Group Middlefield v. United States, CIT # 21-00499).
The Court of International Trade on Aug. 29 sustained the Commerce Department's decision on remand not to continue applying adverse facts available to a mandatory respondent in the 2018 administrative review of the countervailing duty order on multilayered wood flooring from China (see 2508280047) (Evolutions Flooring v. United States, CIT Consol. #21-00591).
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President Donald Trump said that the administration will petition the Supreme Court on Sept. 3 to make an "expedited ruling" on the legality of tariffs he imposed on every country through the International Emergency Economic Powers Act.