The Court of International Trade on July 26 remanded the Commerce Department's 2020-21 review of the antidumping duty order on circular welded carbon-quality steel pipe from the United Arab Emirates. After finding that exporters led by respondent Universal Tube and Plastic Industries didn't fail to exhaust their administrative remedies regarding arguments on Commerce's consideration of alternative time periods in the Cohen's d test, Judge Jennifer Choe-Groves remanded the agency's consideration of the time periods in the d test, which is used to detect "masked" dumping.
The U.S. and Amcor Flexibles Singen, an aluminum foil exporter, filed a joint status report to Court of International Trade Judge Timothy Reif regarding 14 classification cases dating from 2015 to 2018 (Amcor Flexibles Singen v. U.S., CIT # 15-00243, et al.).
The Commerce Department improperly used an invoice date as the date of sale of goods in the 2021-22 review of the antidumping duty order on steel concrete rebar from Turkey, exporter Kaptan Demir Celik Endustrisi ve Ticaret told the Court of International Trade. Filing a motion for judgment on July 23, Kaptan said Commerce should have used the contract date as the date of sale (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 24-00018).
The Court of International Trade in a July 15 decision made public July 26 denied customs broker Seko Customs Brokerage's application for a temporary restraining order and motion for a preliminary injunction against its temporary suspension from the Entry Type 86 pilot and the Customs-Trade Partnership Against Terrorism. Judge Claire Kelly said Seko's claims are "either moot or speculative" because it has been "conditionally reinstated" into the programs and has received a "detailed explanation" of its violation of the programs. The judge added that Seko's evidence refers to "speculative harm at best," and that harm to its reputation as a result of the suspensions isn't enough to warrant injunctive relief.
Litigants sparred at a July 23 oral argument at the Court of International Trade on whether the antidumping and countervailing duty orders on steel wheels from China cover wheels shipped from Thailand with either a rim or a disc made in China. The parties disagreed on whether a prior scope ruling from the Commerce Department spoke to whether these "mixed" goods -- wheels made with either a Chinese-origin rim or disc, but not both -- are covered by the AD/CVD scope (Asia Wheel v. United States, CIT # 23-00096).
The Court of International Trade in a July 17 decision made public July 25 remanded parts and sustained parts of the Commerce Department's antidumping duty investigation on Dutch mushrooms. Judge M. Miller Baker said Commerce properly declined to use adverse facts available against mandatory respondent Prochamp but didn't adequately support its decision to use Germany as the comparison market. Baker said it was unclear how many of Prochamp's German sales were for consumption in Germany.
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department was right to use Brazilian, not Mexican, labor cost data when constructing a value for two Chinese exporters of stainless steel kegs, the U.S. said July 22 in response to defendant intervenors’ comments on the department’s results of a review after a third remand (New American Keg v. U.S., CIT # 20-00008).
The Commerce Department wrongly called its own decision memoranda in other, similar proceedings “new factual information” that could be, and had been, “untimely raised,” a petitioner said in a July 22 brief -- six months after that petitioner relied on them in its own administrative filings (ArcelorMittal Tubular Products v. U.S., CIT # 24-00039).
CBP refused to explain why it denied a vehicle parts importer's protest after the agency liquidated its entry at a rate 78.55 percentage points higher than it had been assigned in a past antidumping duty review, the importer said in a July 23 complaint at the Court of International Trade (Strategic Import Supply v. U.S., CIT # 24-00124).