Conservation groups Sea Shepherd New Zealand and Sea Shepherd Conservation Society voluntarily dismissed their lawsuit seeking an import ban on fish from New Zealand's West Coast North Island inshore trawl and set net fisheries under the Marine Mammal Protection Act (Sea Shepherd New Zealand v. U.S., CIT # 20-00112).
Court of International Trade activity
A new Vietnamese frozen fish fillet exporter didn’t actually make a bona fide sale in the U.S. during the period of a new shipper antidumping review, a domestic trade group said Aug. 23 (Catfish Farmers of America v. U.S., CIT # 24-00126).
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 27 on AD/CVD proceedings:
An importer filed Aug. 21 its long-delayed motion for judgment in its test case alleging its Chinese-origin selective catalytic reduction catalysts had wrongly been assessed Section 301 duties. The catalysts were misclassified by CBP as centrifuges instead of “reaction initiators, reaction accelerators and catalytic preparations, not elsewhere specified or included,” it said (Mitsubishi Power Americas v. U.S., CIT #21-00573).
The Court of International Trade on Aug. 22 asked the government for more information after CBP acknowledged inadvertently liquidating entries subject to an injunction from the court (Shanghai Tainai Bearing Co. v. U.S., CIT # 24-00025).
Antidumping duty petitioner the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations on Aug. 22 moved to file an amicus brief at the U.S. Court of Appeals for the Federal Circuit in a case on the Commerce Department's use of the Cohen's d test to detect "masked" dumping. The committee filed the brief in response to arguments from amici led by the Canadian government, which invoked various academic literature on the use of the test (Mid Continent Steel & Wire v. U.S., Fed. Cir. # 24-1556).
Seko Customs Brokerage on Aug. 22 opposed the government's bid to get more time to file a brief in support of its motion to dismiss Seko's case against the company's removal from the Entry Type 86 pilot and Customs-Trade Partnership Against Terrorism programs. The customs broker said the U.S. failed to show good cause why it should get more time to file the brief (Seko Customs Brokerage v. U.S., CIT # 24-00097).
Responding to motions for judgment filed by the government of Canada and Canadian lumber exporters led by a mandatory respondent, the U.S. pushed back Aug. 22 against claims that, among other things, it had wrongly included a legacy contract in the calculation of the respondent’s costs and found a “bookkeeping convenience” to be evidence of less-than-fair-value transactions between its affiliates (see 2404110063) (Government of Canada v. United States, CIT Consol. # 23-00187).
The U.S. on Aug. 21 defended its decision on remand to collapse respondent Siemens Gamesa Renewable Energy with its affiliated wind tower supplier Windar and Windar's manufacturing subsidies. The government also defended its finding that Siemens Gamesa is a foreign producer and the ultimate 28.55% dumping rate assigned to the company, which was lowered on remand from 73% (see 2406250029) (Siemens Gamesa Renewable Energy v. United States, CIT # 21-00449).
Importer Seneca Foods Corp. filed a notice of supplemental authority at the Court of International Trade on Aug. 21, claiming that a recent Section 232 exclusion request denial from the Commerce Department is relevant to the resolution of its case (Seneca Foods Corp. v. U.S., CIT # 22-00243).