The Court of International Trade on Oct. 21 remanded the Commerce Department's 2020 review of the countervailing duty order on rebar from Turkey. Judge Gary Katzmann said Commerce failed to support its finding that exporter Kaptan Demir Celik Endustrisi ve Ticaret's exemption from Turkey's 0.2% Banking and Insurance Transactions Tax on foreign exchange transactions was de jure specific, noting the agency didn't establish the tax exemption was limited by enterprise or industry. Katzmann also sent back Commerce's rejection of a report prepared by Cushman & Wakefield to value land used for free by Kaptan's affiliated supplier. The judge said Commerce didn't base its rejection of the report "on a sound legal basis."
Court of International Trade activity
Exporter Shelter Forest International Acquisition filed a reply brief at the Court of International Trade on Oct. 15, arguing that the U.S. and petitioner Coalition for Fair Trade in Hardwood Plywood failed to justify the Commerce Department's rejection of the company's new factual information in a circumvention proceeding on Vietnamese hardwood plywood. Shelter Forest said both the government and the petitioner didn't address "important past judicial precedent" (Shelter Forest International Acquisition v. United States, CIT Consol. # 23-00144)
The Court of International Trade in a confidential Oct. 18 order sustained in part and remanded in part the Commerce Department's countervailing duty investigation on passenger vehicle and light truck tires from Vietnam. Judge Timothy Reif gave the parties until Oct. 25 to review the confidential information in the decision for potential bracketing. The suit was brought by exporter Kumho Tire (Vietnam), which received a 7.89% CVD rate and claimed that Commerce can't countervail Vietnam's currency valuation practices (see 2206030027) (Kumho Tire (Vietnam) Co. v. United States, CIt # 21-00397).
The U.S. will pay over $3 million in duty refunds with interest to importer Kiswire related to duty payments the company paid on its wire rod entries from South Korea. Filing a stipulated judgment with the Court of International Trade on Oct. 16, Kiswire and the government agreed to settle Kiswire's challenge against the antidumping duties assessed on its imports (Kiswire v. U.S., CIT Consol. # 22-00181).
U.S. importer Houston Shutters on Oct. 16 told the Court of International Trade that the Commerce Department improperly declined to open a changed circumstances review to exclude wood shutter components from the scope of the antidumping and countervailing duty orders on wood moldings and millwork products from China. Filing a complaint at the trade court, Houston Shutters said Commerce bucked its statutory mandate that the agency "shall conduct a review" (Houston Shutters v. U.S., CIT # 24-00193)
Three wildlife advocacy groups on Oct. 15 asked the Court of International Trade for expedited briefing in their suit challenging various federal agencies' alleged failure to ban fish or fish products exported from fisheries that don't meet U.S. bycatch standards under the Marine Mammal Protection Act. The groups claimed their case is ripe for expedited treatment since the "public interest in enforcement of the statute is particularly strong" and failure to expedite would make the requested relief moot (Natural Resources Defense Council v. United States, CIT # 24-00148).
Importer Phoenix Metal Co. on Oct. 16 voluntarily dismissed its appeal of an Enforce and Protect Act proceeding at the U.S. Court of Appeals for the Federal Circuit. The Court of International Trade sustained CBP's finding that the company evaded the antidumping and countervailing duty orders on cast iron soil pipe from China by transshipping the pipe through Cambodia (see 2406100027). The trade court rejected Phoenix's due process claims, which faulted CBP for failing to notify the company that it was subject to an interim EAPA investigation, finding that Phoenix failed to allege that it suffered specific-enough harm by being subject to the interim measures without adequate notice. Counsel for Phoenix declined to comment on the decision to drop the appeal (Phoenix Metal v. U.S., CIT # 23-00048).
A domestic trade group for catfish farmers brought a motion for judgment Oct. 15 before the Court of International Trade, arguing that the Commerce Department should have at least applied partial adverse facts available to a mandatory respondent in its 2020-21 review of frozen fish fillets from Vietnam (Catfish Farmers of America v. U.S., CIT # 24-00082).
Importer Cozy Comfort Co. and the U.S. submitted additional briefing ahead of their trial next week at the Court of International Trade on the tariff classification of The Comfy -- a wearable blanket imported by Cozy Comfort (Cozy Comfort Co. v. United States, CIT # 22-00173).
A German exporter of forged steel fluid end blocks brought a complaint Oct. 16 to the Court of International Trade arguing that the Commerce Department, in a review of the antidumping duty order on its products, illegally expanded the scope of the AD order to include forged steel products that weren’t fluid end blocks (BGH Edelstahl Siegen GmbH v. U.S., CIT # 24-00176).