Industrial shredders should be classified as "Other machines and mechanical appliances... other," dutiable at 2.5% rather than as duty-free machines for "mixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring,” argued the DOJ in a Jan. 25 cross-motion for summary judgment at the Court of International Trade (Vecoplan v. United States # 20-00126).
The following lawsuits were recently filed at the Court of International Trade:
The International Trade Commission's decision not to cumulate imports from Brazil with imports from Australia, Japan, the Netherlands, Russia, South Korea, Turkey and the U.K. in a hot-rolled steel injury proceeding violated the law, U.S. steel maker Cleveland-Cliffs argued in a Jan. 25 complaint at the Court of International Trade. The ITC focused on the likely volume of the Brazilian imports in the cumulation analysis, failing to support the decision with substantial evidence and failing to address its departure from its past practice (Cleveland-Cliffs v. United States, CIT #22-00355).
The Commerce Department arbitrarily and capriciously found that exporter Officine Tecnosider failed to challenge the agency's decision to reject quarterly cost methodology in an antidumping review, the exporter argued in a Jan. 25 complaint at the Court of International Trade. Commerce further violated the law by rejecting quarterly cost methodology based on its review of the three largest inputs' quarterly average prices and by failing to calculate an accurate dumping margin, the brief said (Officine Tecnosider v. United States, CIT # 23-00001).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should uphold CBP's finding that importers Ikadan System USA and Weihai Gaosai Metal Product Co. evaded the antidumping and countervailing duty orders on steel grating from China, defendant-intervenor Hog Slat argued in a Jan. 20 reply brief at CIT. The trade court must reject the plaintiff's arguments that their tribar flooring imports are not under the scope of the orders since CBP's covered merchandise finding "reflected the typical analysis undertaken by Commerce with respect to questions of scope which, although not required of CBP, demonstrates the analytical reasonableness of CBP's approach," the brief said (Ikadan System USA v. United States, CIT #21-00592).
Counterweights for mini excavators should be subject to Section 301 tariffs because they qualify as parts for "backhoes," the government argued in a Jan. 23 brief at the Court of International Trade. DOJ asked the court to deny plaintiff Norca Engineered Products' Nov. 3 motion for summary judgment and to find that the counterweights are backhoe parts and therefore not subject to a Section 301 exclusion (Norca Engineered Products v. U.S., CIT #21-00305).
The Court of International Trade in a confidential Jan. 24 opinion upheld CBP's evasion finding in an Enforce and Protect Act case brought by Leco Supply. In a letter accompanying the decision, Judge Mark Barnett gave the parties until Jan. 31 to review the confidential information in the opinion (Leco Supply v. United States, CIT # 21-00136).
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade in a Jan. 20 order dismissed a case on the 2020-21 administrative review of the antidumping duty order on activated carbon from China. Commerce originally tapped two mandatory respondents in the review, selecting Datong Juqiang Activated Carbon and Jilin Bright Future Chemicals. The agency gave Datong Juqing a zero percent dumping rate while assigning Jilin Bright a $0.62 per kilogram dumping margin. The agency then assigned separate rate respondents the same $0.62/kg rate it gave to Jilin Bright (Carbon Activated Tianjin Co., et al. v. United States, CIT #22-00335).