The Commerce Department addressed "some of the distortions" in its earlier calculations on remand, but the department still undervalued the extent of dumping of multilayered wood flooring from China, the American Manufacturers of Multilayered Wood Flooring coalition said in its Sept. 25 remand comments at the Court of International Trade (American Manufacturers of Multilayered Wood Flooring v. U.S., CIT # 20-03948).
The Commerce Department correctly reexamined the "compensation for payment" expense and correctly declined to recalculate the antidumping duty rate for exporter Nagase on remand, DOJ said. In its Sept. 25 remand comments at the Court of International Trade, DOJ said that the final results in an AD administrative review on glycine from Japan fully complied with the remand order and Nagase can't show that the redetermination was unlawful (Nagase & Co. v. U.S., CIT # 21-00574).
The Court of International Trade should decline to follow another recent opinion regarding the statute of limitations on bond collection, due to "significant flaws" in its reasoning, DOJ said in a Sept. 25 reply at the Court of International Trade. That opinion in U.S. v. American Home Assurance Co. found that the six-year statute of limitations on customs bond collections ran from liquidation rather than the issuance of a bill (see 2308220054) (U.S. v. Aegis Security Insurance, CIT # 20-03628).
The U.S. Court of Appeals for the Federal Circuit on Sept. 25 issued its mandate in a case concerning a $5.7 million customs penalty suit against importer Katana Racing. In the opinion, the appellate court said the Court of International Trade improperly dismissed the suit for lack of jurisdiction (see 2308030034). The trade court said Katana properly revoked a statute of limitations waiver, making the U.S. government's suit untimely, but the appellate court said the statute of limitations is "not a jurisdictional time limit" and instead provides an "affirmative defense" that can be waived (U.S. v. Katana Racing, Fed. Cir. # 22-1832).
The Supreme Court of the U.S. on Sept. 13 extended the deadline for exporter Oman Fasteners to file a petition for a writ of certiorari in its case on then-President Donald Trump's expansion of the Section 232 duties to include steel and aluminum "derivative" products. The company now has until Oct. 20 to file the brief. Oman Fasteners said it was in the process of filing its own petition to the high court following importer PrimeSource Building Products' petition in its suit on the tariff expansion.
The Commerce Department reasonably explained its decision to include in-transmit mattresses in its quarterly ratio calculations for an antidumping duty investigation on mattresses from Indonesia, AD petitioner Brooklyn Bedding said in Sept. 22 remand comments at the Court of International Trade. Respondent Zinus "points to nothing in the statute or Department practice that requires CEP inventory items to be 'physically held' by the seller at the time of sale," Brooklyn Bedding said (PT. Zinus Global Indonesia v. U.S., CIT # 21-00277).
The Commerce Department correctly reversed its use of adverse facts on remand in an antidumping duty review on imported steel nails from Oman, both DOJ and respondent Oman Fasteners said in two sets of remand comments, both filed Sept. 22 at the Court of International Trade (Oman Fasteners v. U.S., CIT # 22-00348).
The Commerce Department improperly included sales made by exporter Megaa Moda in the calculation of normal value as part of the 2021-2022 review of the antidumping duty order on frozen warmwater shrimp from India, petitioner Ad Hoc Shrimp Trade Action Committee said in a Sept. 25 complaint at the Court of International Trade (Ad Hoc Shrimp Trade Action Committee v. United States, CIT # 23-00202).
A protest approval relied on in a customs complaint from importer Under the Weather wasn't a "prior interpretive ruling" that CBP had to publish and revoke under 19 U.S.C. § 1625(c)'s notice-and-comment procedures before issuing a headquarters ruling on pop-up tents, the U.S. argued. Filing a partial motion to dismiss, the government claimed that only "interpretive determinations with prospective effect" qualify for the statute's "procedural safegurads" (Under the Weather v. United States, CIT # 21-00211).
The following lawsuit was recently filed at the Court of International Trade: