The petitioner in an antidumping duty case supported its motion for summary judgment Jan. 31 by saying that, since the passage of the Trade Preferences Extension Act of 2015, the Commerce Department is no longer required to consider accuracy when setting antidumping margins. On the same day, an exporter and several importers also fought opposition to their own motions for judgment (Cambria Company v. U.S., CIT # 23-00007).
The U.S. and antidumping petitioner Wind Tower Trade Coalition failed to show that the Commerce Department followed its standard "cost-smoothing" practice when it rejected respondent Marmen Energy's "product-specific plate costs as unreasonable," Marmen said in a Jan. 30 reply brief at the U.S. Court of Appeals for the Federal Circuit (Marmen v. United States, Fed. Cir. # 23-1877).
Commerce incorrectly determined that discs, the inner structures of wheels, share the essential characteristics of wheels and are substantially the same products, an exporter said to the Court of International Trade in a Jan. 30 motion for judgment (Asia Wheel Co. v. U.S., CIT # 23-00143).
A whistleblower in a False Claims Act challenge, Brutus Trading, petitioned the U.S. Supreme Court to take up its case so the court can clear up its own 2023 decision that found the government can voluntarily dismiss a qui tam FCA case brought by a whistleblower after not initially intervening in the case, and that the dismissal would be carried out under Rule 41(a) (Brutus Trading v. Standard Chartered, Sup. Ct. # 23-813).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A wood board importer filed for summary judgment Jan. 26 challenging an August 2023 scope ruling that found the company’s edge-glued boards intended for making cabinets were subject to the antidumping and countervailing duty orders on wood mouldings and millwork products from China (Hardware Resources v. U.S., CIT # 23-00150).
DOJ likely will continue expanding its cooperation with foreign governments in investigating and prosecuting Foreign Corrupt Practices Act violations, Miller & Chevalier lawyer John Davis said in an interview. After a year that saw DOJ cooperate with South Africa and Colombia for the first time, Davis said, the agency will seek to work with more Latin American and European nations on FCPA enforcement.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Court of International Trade Judge Timothy Reif heard oral argument Jan. 18 in a case concerning the 2019 administrative review of the antidumping duty order on mattresses from Vietnam. Parties discussed the Commerce Department’s reliance on incomplete records and public access to a surrogate’s financial information (Ashley Furniture Industries v. U.S., CIT # 21-00283).
End module side cover and cable tray connection brackets from India imported by Sigma aren't covered by antidumping and countervailing duties on Indian cold-rolled steel flat products, Commerce said in a Dec. 13 scope ruling. It said the products were excluded from the order because they had undergone enough further processing.