CBP wrongly classified animal antibiotic chlortetracycline concentrate feed grade powder (CTC concentrate), resulting in the imposition of Section 301 China tariffs on the imports, Zoetis Services said in a Feb. 24 complaint at the Court of International Trade. While CBP classified the powder as a feed preparation, Zeotis says it should have classified it has a medicament (Zoetis Services LLC v. U.S., CIT #22-00056).
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department's Bureau of Industry and Security granted importer CPW America Co.'s bid for exclusions from paying Section 232 steel and aluminum tariffs following a remand order from the Court of International Trade. In a Feb. 23 submission, BIS said that there was not sufficient domestic U.S. capacity of line pipe to justify rejecting CPW's exclusion requests (CPW America Co. v. United States, CIT #21-00335).
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit set April 6 as the date for oral argument in a key case on the use of first sale valuation for goods from nonmarket economies. In Meyer v. U.S., the Court of International Trade said that first sale treatment may not be applicable to NME exports (see 2103020040). Litigation is underway at the Federal Circuit over the question, with Meyer most recently arguing that the trade court improperly applied the "dual burden of proof" when denying the importer first sale since the court simply accepted CBP's move of valuing the imports based on their second sale price without scrutiny (see 2201190059) (Meyer Corporation v. U.S., Fed. Cir. #21-1932).
The argument that a Turkish duty drawback program fails to qualify for a drawback adjustment in an antidumping duty case disregards "decades of [Commerce Department] precedent" over the program, Turkish exporter Assan Aluminyum Sanayi ve Ticaret said in a Feb. 22 brief at the Court of International Trade. Responding to AD petitioner Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group, Assan said that the Turkish Inward Processing Regime (IPR) has repeatedly been found by Commerce to be eligible for a duty drawback adjustment by passing the agency's two-prong analysis on drawback (Assan Aluminyum Sanayi ve Ticaret v. U.S., CIT #21-00246).
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department improperly withdrew a questionnaire issued to an antidumping duty and countervailing duty respondent, Repwire and Jin Tiong said in a pair of identical complaints filed Feb. 21 at the Court of International Trade. Commerce's subsequent refusal to accept Jin Tiong's questionnaire responses led the agency to then illegally apply an adverse facts available rate, the companies said (Repwire v. United States, CIT #22-00016) (Jin Tiong Electrical Materials Manufacturer v. United States, CIT #22-00023).
A Commerce Department scope ruling improperly found two-ply hardwood plywood falls under the antidumping duty and countervailing duty orders on hardwood plywood from China because the scope language clearly says that subject merchandise consists of a minimum of three plies, said three companies, Vietnam Finewood, Far East American and Liberty Woods, in a Feb. 18 complaint at the Court of International Trade (Vietnam Finewood Company Ltd. v. U.S., CIT #22-00049).
The following lawsuits were recently filed at the Court of International Trade: