The U.S. Court of Appeals for the Federal Circuit on Oct. 8 said the Court of International Trade improperly rejected the Commerce Department's inclusion of door thresholds imported by Worldwide Door Components and Columbia Aluminum Products in the antidumping and countervailing duty orders on aluminum extrusions from China. Judges Sharon Prost, Richard Linn and Todd Hughes said Commerce adequately explained on remand that the door thresholds are subassemblies and thus not qualified for the finished merchandise exception.
The Court of International Trade on Oct. 4 sent back the Commerce Department's decision in the 2020-21 administrative review of the antidumping duty order on light-walled rectangular pipe and tube from Mexico to include exporter Tecnicas de Fluidos' (TEFLU's) "further processed" products.
The Court of International Trade on Oct. 7 sent a customs classification dispute on truck steps to a bench trial after finding that the undisputed facts are insufficient for conducting a principal use analysis on whether the products are "side protective attachments." Judge Jennifer Choe-Groves held that while a Section 301 exclusion for "side protective attachments" is a principal use provision, and not a provision for an individual product, the court can't at this time properly assess the imports at issue under a principal use framework.
Importers led by Tenaris Bay City sent comments to the Court of International Trade last week opposing the International Trade Commission's separate decisions to cumulate both Russian and South Korean oil country tubular goods with goods from Argentina and Mexico. Tenaris Bay argued that the ITC improperly interpreted the statute in defining the phrase "compete with," which "uses the present tense and thus denotes" that the goods in question must compete with the like product during the "months leading up to and including vote day" (Tenaris Bay City v. United States, CIT Consol. # 22-00344).
The Court of International Trade on Oct. 7 sent a customs classification dispute on truck steps to a bench trial after finding that the undisputed facts are insufficient for conducting a principal use analysis on whether the products are "side protective attachments." Judge Jennifer Choe-Groves held that while a Section 301 exclusion for "side protective attachments" is a principal use provision, and not a provision for an individual product, the court can't at this time properly assess the imports at issue under a principal use framework.
The Court of International Trade on Oct. 4 remanded the Commerce Department's decision to include certain products from exporter Tecnicas de Fluidos (TEFLU) within the scope of the antidumping duty order on light-walled rectangular pipe and tube from Mexico in the 2020-21 review of the order. Judge Jennifer Choe-Groves said Commerce must answer whether TEFLU's "further manufactured products" are "downstream products" outside the order's scope. The agency must lay out "the degree to which" the exporter's goods were processed by various methods and whether each good was further processed, instead of basing its determination "solely on the physical and chemical composition" of the products. Choe-Groves added that Commerce must assess whether TEFLU's goods are within an industry investigated by the International Trade Commission in its corresponding injury analysis.
The United States said Sept. 30 that an Indian aluminum exporter was trying to “artificially separate two similar industries” in its attempt to avoid being assessed a countervailing duty for the provision of coal for less-than-adequate remuneration (Hindalco Industries Limited v. U.S., CIT # 23-00260).
The Court of International Trade on Oct. 1 said court-led mediation in a suit from LE Commodities challenging 14 denied requests for exclusions from Section 232 steel and aluminum tariffs resulted in a "settlement of all issues." Judge Leo Gordon led the mediation. Counsel for LE Commodities didn't respond to a request for comment on the nature of the settlement (LE Commodities v. United States, CIT # 22-00245).
An importer’s stainless steel sinks from China weren't incorrectly liquidated by CBP despite “express instructions” from Commerce, the U.S. said Oct. 1 in a cross-motion for summary judgment and in partial opposition to the importer’s own Sept. 5 motion for judgment. Rather, it said, the importer was misunderstanding a “straightforward issue” by mixing up components and value added (R.H. Peterson v. U.S., CIT # 20-00099).
After oral argument, the U.S. asked the Court of International Trade to supplement its motion to dismiss in a case involving seized weight loss dietary supplements, saying that it had found emails from CBP “responsive to the Court’s questions" (UniChem Enterprises v. United States, CIT # 24-00033).