DOJ joined a motion to dismiss a countervailing duty case originally filed by CVD petitioner Dextar Wheels arguing that the Court of International Trade cannot order the Commerce Department to correct something it did not do in the first place. Filing its own motion to dismiss on March 15, DOJ said that the plaintiff, steel wheel importer Rimco, failed to make a claim on which relief can be granted since Commerce did not even establish an all-others rate in a CVD review -- precisely what Rimco is challenging (Rimco v. United States, CIT #21-00588).
Victoria's Secret and One Step Up filed 19 complaints at the Court of International Trade alleging that CBP had misclassified women's garments over a series of entries between 2002 and 2008. The 13 complaints (in Pacer) by Victoria's Secret and six by One Step Up filed on March 12 ask CIT to direct CBP to reliquidate the entries and refund the excess duties collected, with interest.
The Court of International Trade should disregard DOJ's motion to dismiss Canadian exporter J.D. Irving's challenge to antidumping duty cash deposit instructions since an already initiated USMCA panel would not be able to apply the proper remedy, the exporter said in a March 14 reply brief. Though the USMCA panel is reviewing the same legal issue raised at CIT, the relief available differs in that the USMCA panels do not have the power to issue an injunction, J.D. Irving said (J.D. Irving Limited v. United States, CIT #21-00641).
No lawsuits were recently filed at the Court of International Trade.
"Virtually every substantial issue" raised by plaintiffs in an antidumping duty challenge led by Ellwood City Forge Company still remains following a voluntary remand proceeding from the Commerce Department, the plaintiffs argued in a revised March 11 motion for judgment at the Court of International Trade. In particular, Ellwood argued Commerce's remand left unaddressed the issue of Commerce's failure to conduct verification in the antidumping duty investigation on forged steel end blocks from India (Ellwood City Forge Company v. United States, CIT #21-00007).
A nitrogen oxide sensor probe for diesel engines should be classified as an instrument of chemical analysis under Harmonized Tariff Schedule heading 9027, rather than an instrument of measurement under heading 9026, DOJ said in a brief filed March 8 at the Court of International Trade. DOJ argued that the probe's function falls within the definition of "chemical analysis" and that the sensor itself includes design features that meet plain language definitions of chemical analysis.
CBP's finding that Skyview Cabinet evaded antidumping and countervailing duties on wooden cabinets and vanities from China was unsupported by evidence and based on hearsay, and improperly added full supply chain assessment requirements, the importer told the Court of International Trade in a March 10 complaint (Skyview Cabinet USA v. United States, CIT #22-00080).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade sent back the Commerce Department's remand results in a case on the 2017-18 administrative review of the antidumping duty order on welded carbon steel standard pipes and tubes from India, in a March 11 confidential order. In a letter on the opinion, Judge Claire Kelly announced her intention to release the public version of the opinion on March 21, giving litigants until March 18 to review any bracketed information (Garg Tube Export v. United States, CIT #20-00026).
CBP erred when making its finding that importer CEK Group evaded the antidumping duty order on steel wire garment hangers from China by transshipping them through Thailand, CEK said in a March 11 complaint at the Court of International Trade. Among other things, CEK alleged in its 12-count complaint that CBP failed to address all of the arguments raised by the importer, made its decision without substantial evidence of transshipment and improperly refused to grant CEK access to business confidential information in the case (CEK Group v. United States, CIT #22-00082).