The Court of International Trade on June 10 signaled that CBP's practice of not notifying companies when they become subject to interim Enforce and Protect Act investigations could give rise to a due process claim should the company sufficiently allege that it suffered "specific enough harm." However, the court found that importer Phoenix Metal failed to allege that harm with enough specificity.
The following lawsuits were recently filed at the Court of International Trade:
Exporters Jinko Solar Holding Co. and Boviet Solar Technology Co., along with various of their subsidiaries and affiliated importers, moved to intervene in a case at the Court of International Trade against the Commerce Department's pause of antidumping and countervailing duties on Southeast Asian solar panels (Auxin Solar v. United States, CIT # 23-00274).
A defendant-intervenor in an exporter’s case challenging the results of a sunset review of the antidumping duty order on softwood lumber from Canada on June 6 opposed a motion to stay proceedings while a similar case winds its way through the appeals process. It argued that while the case on appeal deals (again) (see 2107150032) with the proper use of the “Cohen’s d test,” (see 2401110037) the case is not applicable in its own litigation (Resolute FP Canada v. U.S., CIT # 23-00095).
The Commerce Department on June 7 lowered the dumping margin for nine separate rate respondents in the 2016-17 review of the antidumping duty order on multilayered wood flooring from China, from 42.57% to 31.63%, after revising aspects of its dumping analysis (Fusong Jinlong Wooden Group Co. v. United States, CIT # 19-00144).
A domestic producer of glycine brought a motion for judgment against the U.S. on June 6 regarding a negative scope ruling that calcium glycinate was too far removed a precursor of glycine to be covered by antidumping and countervailing duty orders on glycine (Deer Park Glycine, LLC v. U.S., CIT # 23-00238).
The U.S. Court of Appeals for the Federal Circuit in a June 7 order affirmed the Court of International Trade's decision to sustain the Commerce Department's use of antidumping duty respondent Z.A. Sea Food's (ZASF's) Vietnamese sales to calculate normal value in an AD review on Indian frozen warmwater shrimp. The unanimous order from Judges Alan Lourie, Raymond Clevenger and Todd Hughes was issued without an accompanying opinion.
Judges on the U.S. Court of Appeals for the Federal Circuit heard arguments June 6 in a lumber exporter's case. The exporter is challenging its 2020 cash deposit rate set by a 2019 review after the Commerce Department previously ordered liquidation of its 2019 entries at a lower rate carried over from 2018 (J.D. Irving v. U.S., Fed. Cir. # 23-1652).
The Court of International Trade on June 10 sustained the antidumping and countervailing duty evasion finding against importer Phoenix Metal for transshipping cast iron soil pipe from China through Cambodia. Judge Jane Restani said that CBP supported its finding with a wealth of evidence and that the agency's finding that Phoenix had some production capacity in Cambodia isn't enough to sink the evasion determination. Restani also rejected a host of due process claims made by Phoenix, though the court said a plaintiff could show that lasting harm was suffered by CBP's failure to provide notice of the establishment of interim measures. However, Phoenix failed to make this showing in the present case.
The following lawsuit was recently filed at the Court of International Trade: