The U.S. in a Sept. 13 brief defended the Commerce Department's finding that the South Korean government's provision of electricity was de facto specific and also its decision to countervail the full allotment of carbon emissions permits under the Korean cap-and-trade program in the 2021 review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea (POSCO v. United States, CIT # 24-00006).
The Court of International Trade on Sept. 17 sent back the Commerce Department's use of a quarterly cost methodology to analyze exporter Officine Tecnosider's sales during the 2020-21 review of the antidumping duty order on steel plate from Italy to address "shortcomings" in its analysis.
The following lawsuits were recently filed at the Court of International Trade:
Importer New York Mutual Trading dismissed its customs case at the Court of International Trade on Sept. 16. The company brought the suit in 2022 to contest CBP's denial of its protest claiming its frozen shrimp from Vietnam of Harmonized Tariff Schedule subheading 1605.21.1030 had wrongly been assigned the "all others" antidumping duty rate. Counsel for the importer didn't immediately respond to a request for comment (New York Mutual Trading v. U.S., CIT # 22-00293).
Importer Worldwide Distribution dropped its bid to participate in an appeal of an antidumping duty review after failing to file a notice of appeal. The U.S. Court of Appeals for the Federal Circuit had asked the company whether it sought to take part in the case as an appellant, and, if so, what the court's jurisdiction is over such an appeal (Sahamitr Pressure Container v. U.S., Fed. Cir. # 24-2043).
The U.S. on Sept. 13 defended the Commerce Department's remand determination that the Korean government's full allotment of carbon emissions credits to exporter Hyundai Steel Co. is de jure specific. The government said Hyundai's claims that the Court of International Trade already rejected Commerce's reasoning and that the agency ignored the court's questions in the remand were unconvincing (Hyundai Steel Co. v. United States, CIT # 22-00029) (Dongkuk Steel Mill Co. v. United States, CIT # 22-00032).
A group of cabinet importers, led by ACProducts, filed a pair of complaints at the Court of International Trade on Sept. 16 contesting the Commerce Department's final scope rulings on wooden cabinets further processed in Vietnam and Malaysia. The six-count complaints contested Commerce's decision to open the inquiries and claimed that the scope rulings expanded the scope of the antidumping and countervailing duty orders on wooden cabinets from China beyond their plain-language scope to include "semi-finished components" (ACProducts v. United States, CIT #'s 24-00155, -00156).
The following lawsuit was recently filed at the Court of International Trade:
The U.S. District Court for the Eastern District of California on Sept. 13 dismissed a suit from three U.S.-based honey producers related to the alleged import of "fake" honey. Judge Daniel Calabretta held that the honey producers, led by Henry's Bullfrog Bees, failed to include sufficiently specific factual allegations to support their claims that the defendants -- honey importers and distributors -- engaged in fraud (Henry's Bullfrog Bees v. Sunland Trading, E.D. Cal. # 2:21-00582).
The U.S. and surety company Aegis Security Insurance Co. on Sept. 13 asked the Court of International Trade to use the items produced in discovery in a separate case involving both parties (U.S. v. Aegis Security Insurance Co., CIT # 22-00327).