A Chinese exporter of multilayered wood flooring argued Aug. 29 that its 16 input suppliers weren’t under government control. The government policies in question didn’t contradict a Chinese government claim that party officials didn’t hold any ownership positions in a number of input suppliers, it said (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 23-00136).
The Court of International Trade ordered that a status conference be held in a case 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 after the plaintiffs filed a stipulation of dismissal (Sea Shepherd New Zealand v. U.S., CIT # 20-00112).
An importer of airplane parts brought a complaint to the Court of International Trade on Aug. 31, saying that an aeronautical control box produced in Illinois and imported to Japan should have been classified as an American good, not a Japanese one (Aeronautical Systems, Inc. v. U.S., CIT # 20-00157).
Exporters Shandong Dongyue Chemical Co. and Huantai Dongyue International Trade Co. filed a stipulation of dismissal regarding their claims in a case challenging the antidumping duty investigation on pentafluoroethane (R-125) from China. The case was originally filed by Shandong Dongyue, Huantai Dongyue and a third exporter, Zhejiang Sanmei Chemical Ind. Co. (see 2210270069), and the two exporters dropping their claims said the dismissal only includes their arguments and not those of Sanmei. The exporters brought the case to argue that the Commerce Department illegally valued the factors of production of the intermediate product for a refrigeration, anhydrous hydrofluoric acid, rather than valuing the refrigerant's reported factors of production (Zhejiang Sanmei Chemical Ind. Co. v. United States, CIT #22-00103).
Importer Precision Components filed a reply brief on Aug. 30 at the Court of International Trade in an antidumping scope case, telling the court that the Commerce Department characterized a "raw material as a component and thus impermissibly brought" the materials within the scope of the AD order on tapered roller bearings from China. The record clearly says "the materials at issue are not bearing components or parts of bearings and could not be used in the production of bearings absent significant physical processes performed on the raw materials" (Precision Components v. United States, CIT # 23-00218).
South Korean exporter Hyundai Steel Co. opposed the Commerce Department's finding on remand that the Korean government's full allocation of carbon emission permits under the Korean Emissions Trading System (K-ETS) during the 2019 review of the countervailing duty order on hot-rolled steel flat products from South Korea was de facto specific. On remand, Commerce switched from a de jure to a de facto specificity finding (Hyundai Steel Co. v. United States, CIT # 22-00170).
A Vietnamese exporter of light-walled rectangular pipe and tube pushed back against the U.S. claim that the Commerce Department’s rejection of a questionnaire that missed a deadline by a few hours, and its subsequent use of adverse facts available for the exporter, had been warranted and wasn't an abuse of discretion (Hoa Phat Steel Pipe Co. v. U.S., CIT Consol. # 23-00248).
The U.S. and a seller of a chemical product used in the making of plastic asked the Court of International Trade to grant a consent motion to reopen discovery until Nov. 4, saying all expert reports, if any, were to be filed by then (Lanxess Corporation v. U.S., CIT # 23-00073).
The U.S. told the Court of International Trade that its inadvertent liquidation of entries subject to an injunction from the court was the result of "human errors." Submitting information requested by the court in response to the injunction violation, the government said its controls to ensure compliance with the court's injunctions weren't followed (Shanghai Tainai Bearing Co. v. United States, CIT Consol. # 24-00025).
Luggage importer Samsonite filed a complaint at the Court of International Trade on Aug. 29 to contest CBP's alleged failure to apply Section 301 exclusions granted by the Office of the U.S. Trade Representative to its baggage entries (Samsonite v. United States, CIT # 24-00031).