The Court of International Trade sustained the Commerce Department's remand results dropping a particular market situation adjustment to the cost of production for antidumping duties on South Korean heavy walled rectangular welded carbon steel pipes and tubes, in a June 24 decision. Mandatory respondent Dong-A Steel Co. is now set to see its dumping margin drop to 11%, and Kukje Steel Co. to 7.89%. Since HiSteel was not party to the litigation, it's "not entitled to revised rates calculated on remand," Katzmann said.
Court of International Trade activity
The Court of International Trade upheld the Commerce Department's finding that Zhejiang Machinery Import & Export Corp. failed to rebut the presumption of de facto government control, thus barring it from receiving a separate antidumping rate, CIT said in a June 23 decision. The ruling leaves ZMC with the 92.84% China-wide rate in an antidumping administrative review on tapered roller bearings and parts thereof, finished or unfinished, from China.
A customs case from importer Strategic Import Supply should not be reconsidered in light of new evidence since it is merely an attempt by the plaintiff to "relitigate arguments already raised," the Department of Justice said in a June 23 response to SIS's motion to reconsider the case. The plaintiff failed to satisfy the high burden for reconsideration, DOJ said in the Court of International Trade, and also is not entitled to amend its complaint to change the jurisdictional grounds of its claim (Acquisition 362, LLC v. United States, CIT #20-03762).
The Court of International Trade in a June 22 decision dismissed all but one of importer Maple Leaf Marketing's claims against Section 232 steel tariffs levied against goods shipped to Canada for further processing then reimported to the U.S. Finding that the president has broad authority to determine the "nature of the action necessary to adjust imports that threaten the national security," a three-judge panel tossed Maple Leaf's challenges to the imposition of the tariffs on Canada, which Maple Leaf had argued was untimely, as well as to the assessment of Section 232 duties on steel articles qualifying for repair and alteration treatment under Chapter 98, among other things.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade dismissed all but one of importer Maple Leaf Marketing's claims against Section 232 steel tariffs levied against goods shipped to Canada for further processing then re-imported to the U.S., in a decision issued late on June 22. Finding that the president has broad authority to determine the "nature of the action necessary to adjust imports that threaten the national security," a three-judge panel tossed Maple Leaf's challenges to the imposition of the tariffs on Canada, which Maple Leaf had argued was untimely, as well as to the assessment of Section 232 duties on steel articles qualifying for repair and alteration treatment under Chapter 98, among other things. The trade court allowed Maple Leaf's remaining challenge of the Commerce Department's denial of its request for exclusions from the duties to proceed.
The Commerce Department, under protest, dropped a cost-based particular market situation adjustment to the sales-below-cost test in an antidumping administrative review in June 22 remand results submitted to the Court of International Trade. The agency recalculated the weighted-average dumping margins of mandatory respondents Hyundai Steel Company and Husteel Co. in the 2016-17 review of circular welded non-alloy steel pipe from Korea. Husteel, the plaintiff in the case, received a 6.44% antidumping rate, down from 10.91%, while Hyundai received a 4.82% rate -- down from 8.14% before litigation (Husteel Co., Ltd. v. U.S., CIT #19-00107).
The Commerce Department has the right to select a single mandatory respondent in antidumping proceedings, the Department of Justice said in a June 21 response brief in the U.S. Court of Appeals for the Federal Circuit. YC Rubber, Sutong and ITG Voma are appealing their unsuccessful Court of International Trade challenge of the second administrative review of the antidumping duty order on passenger vehicle and light truck tires from China. In its brief, DOJ says that Commerce is not required by law to examine more than one company individually (YC Rubber Co. (North America) et al. v. United States, Federal Circuit #21-1489).
Target's complaint filed in the Court of International Trade challenging the court's ability to order the reliquidation of imports past 90 days after their initial liquidation by CBP “masquerades as a motion” for CIT to relitigate this issue, the Department of Justice said in a June 22 motion to dismiss the case. The court's decision in the underlying case, Home Products International Inc. v. United States, already addressed Target's complaint, so the case should be dismissed for failure to state a claim, DOJ said.
The Court of International Trade sustained the Commerce Department's finding that tapered roller bearings exporter Zhejiang Machinery Import & Export Corp. failed to rebut the presumption of government control in an antidumping proceeding, in a June 23 decision. After reconsidering rejected evidence as instructed by Judge Gary Katzmann, Commerce still held that ZMC could be controlled by the Chinese government. ZMC, through multiple layers of ownership, is owned by the Zhejiang Provincial State-owned Assets Supervision and Administration Commission within the government of China, and a labor union for ZMC parent company Zhejiang Sunny I/E Corp. Since the ultimate owners of the labor union's shares were members of Sunny's government-run employee stock ownership committee, the Chinese government can exert control over ZMC, Commerce found.