The Court of International Trade has jurisdiction over importer Green Garden Produce’s claim that the Commerce Department failed to find if its garlic was expressly excluded from the scope of the antidumping duty order on Chinese fresh garlic in an AD circumvention proceeding, the importer claimed in a supplemental brief filed with CIT on Feb. 9 (Green Garden Produce v. United States, CIT # 24-00114).
The Court of International Trade on Feb. 11 granted exporter Pipe & Piling Supplies' motion for an injunction pending appeal of the company's case against the 2022-23 administrative review of the antidumping duty order on large diameter welded pipe from Canada. Since CIT previously found it lacked subject-matter jurisdiction over Pipe & Piling's case, the court terminated the temporary injunction in place and denied the exporter's motion for a statutory junction. However, Judge Jane Restani said that since the company will "lose the opportunity to press its appeal if liquidation is not enjoined, it will suffer irreparable harm," justifying an injunction pending appeal.
The U.S. on Feb. 9 moved for default judgment against affiliated German paper exporters Koehler Oberkirch and Koehler Paper after the companies refused to participate in the discovery phase of a customs penalty suit against the exporters. The government asked the court for an order barring the companies from importing paper into the U.S. after the companies made it clear "they will refuse to pay their outstanding liabilities to the United States or even identify domestic assets that could satisfy that judgment" (United States v. Koehler Oberkirch, CIT # 24-00014).
The Court of International Trade on Feb. 3 entered default against importer Aspects Furniture International in a customs penalty suit originally brought against Aspects Furniture International, Aspects Furniture Manufacturing, Hospitality Engineering Services and an executive of all three companies, Amy Sivixay (see 2602030060). Deputy clerk Geoffrey Goell entered the default order for a cross-claim made by Sivixay, Aspects Furniture Manufacturing and Hospitality against Aspects Furniture International.
The following lawsuits were filed recently at the Court of International Trade:
The U.S. agreed to apply Section 301 China tariff exclusions to some of Samsonite's luggage imports, according to a stipulated judgment filed at the Court of International Trade on Feb. 9 (Samsonite v. United States, CIT # 24-00031).
The Court of International Trade should deny exporter Mobilier Rustique's bid for either a statutory or equitable injunction against the liquidation of its entries in a case on an expedited countervailing duty review, petitioner Committee Overseeing Action for Lumber International Trade Investigations or Negotiations argued in a Feb. 6 brief (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, CIT # 19-00122).
Number 2 pencils, drawing pencils and colored pencils manufactured in the Philippines by School Specialty using Chinese inputs “are within the scope of the antidumping duty (AD) order on certain cased pencils from the People’s Republic of China,” the Commerce Department continued to find in its remand results filed on Feb. 6 with the Court of International Trade (School Specialty v. United States, CIT # 24-00098)
The Commerce Department correctly used neutral facts available instead of adverse facts available against Prinx Chengshan Tire (Thailand), and the company cooperated to the best of its ability to provide all information requested, the Thai exporter said in its response brief filed on Feb. 6 with the Court of International Trade in opposition to the United Steelworkers’ motion for judgment (United Steel, Paper and Forestry, Rubber, Manufacturing, Energy Allied Industrial and Service Workers International Union, AFL-CIO v. United States, CIT # 25-00004).
The Commerce Department modified its model-matching methodology to incorporate changes to how it categorizes goods by protein content and nitrogen content, in the administrative review of the antidumping duty order on Italian pasta entered in 2018-19. Submitting remand results on Feb. 6 following a remand order from the U.S. Court of Appeals for the Federal Circuit, Commerce dropped respondent La Molisana's AD rate from 91.76%, which was based on adverse facts available, to 15.14% (La Molisana v. United States, CIT # 21-00291).