The statute on deemed liquidation for drawback claims "doesn't make sense as written," Judge Jane Restani said during April 18 oral arguments at the Court of International Trade. She said that both importer Performance Additives and the government are "adding terms to the statutes that aren't there," but said she understands because "none of this can work if we just read the words that are there" (Performance Additives v. United States, CIT # 22-00044).
The Commerce Department abused its discretion by denying an exporter’s supplemental questionnaire extension request amid the COVID-19 pandemic’s 2021 delta variant wave, Court of International Trade Judge Stephen Vaden ruled April 25. He pointed out that, by the time of the rejection, three of Simec’s key accountants had died of the disease and a fourth was "hospitalized and intubated."
The Commerce Department unlawfully rescinded an administrative review, falsely determining that an exporter hadn't made any U.S. sales during the period being examined, the exporter said in April 19 motion for judgment (China Cornici Co. Ltd. v. U.S., CIT # 23-00217).
The Court of International Trade on April 25 reversed the use of adverse facts available for Mexican rebar exporter Simec after the exporter couldn't provide certain downstream sales information by a supplemental questionnaire deadline. Judge Stephen Vaden said the Commerce Department abused its discretion by denying Simec’s timely extension request amid the COVID-19 pandemic, pointing out that three of Simec’s key accountants had died and a fourth had been intubated.
The Court of International Trade on April 24 sustained CBP's finding on remand that importer Columbia Aluminum Products didn't evade the antidumping and countervailing duty orders on aluminum extrusions from China. But Judge Timothy Stanceu rejected Columbia's claim that CBP needed to immediately terminate the interim measures issued under the Enforce and Protect Act after reversing its original evasion finding.
Hemp cones, tubes and wraps marketed for use with “tobacco-free herbal blends” and featuring warning statements that they shouldn’t be used with illegal drugs or tobacco aren’t restricted merchandise and may be imported into the U.S., CBP said in a recent ruling.
The United States asked for 14 more days to file its reply brief in an appeal at the U.S. Court of Appeals for the Federal Circuit on the validity of the Commerce Department's non-market economy policy in antidumping duty cases. The government said it needs more time to prepare its draft brief and receive input from DOJ "supervisory counsel" and Commerce attorneys (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).
A domestic petitioner April 19 supported the U.S. in a case involving an antidumping duty investigation on freight rail couplers, saying that the case’s plaintiff, an exporter, had misunderstood the rules of statutory interpretation. That exporter has argued that the Commerce Department is barred from beginning new investigations fewer than two years before a previous one was completed (see 2404080049), pointing to statutory language governing changed circumstances reviews that appears to apply broadly (Wabtec Corporation v. U.S., CIT # 23-00161).
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Court of International Trade on April 22 sent back the Commerce Department's decision not to attribute subsidies received by lumber suppliers to respondents in an expedited countervailing duty review on Canadian softwood lumber. Judge Mark Barnett said that if Commerce continues to find that the respondents are the producers of the subject lumber, the agency must reconsider its decision to require an upstream subsidy allegation for lumber purchases within the class of covered merchandise.