The Court of International Trade on July 23 dismissed a suit on CBP's liquidation of tire entries from importer Acquisition 362, doing business as Strategic Import Supply, for lack of subject-matter jurisdiction. The importer entered tires made by exporters Shandong Hengyu Science & Technology Co. and Shandong Wanda Boto Tyre Co., subject to a 64.57% AD rate. In a separate case, the trade court enjoined the liquidation of certain tire entries made by the two exporters but not imports from Acquisition 362 because it wasn't a party to the case. The importer said CBP illicitly failed to enjoin the liquidation of its entries. Judge Mark Barnett said CBP didn't make a "protestable decision" in liquidating Acquisition 362's goods and that the agency didn't have the authority to extend to the importer's entries based on the court's order in the separate case.
The World Trade Organization's published agenda for the Dispute Settlement Body's July 26 meeting indicates China will request the establishment of a dispute settlement panel on the U.S. government's tax credits for electric vehicles under the Inflation Reduction Act.
The Supreme Court's recent decision eliminating the standard of deferring to federal agencies' interpretation of ambiguous statutes (see 2406280051) "will likely result in more litigation in the already heavily litigated world of international trade," two ArentFox Schiff partners said in a client alert.
In a pair of opinions published July 22, Court of International Trade Judge Timothy Reif granted motions from defendant-intervenors (see 2305190068) and the International Trade Commission (see 2309010004) to dismiss two cases brought by Turkish steel exporter Eregli Demir ve Celik Fabrikalari regarding the same sunset review of an antidumping duty order on hot-rolled steel flat products from Turkey.
The Commerce Department and the International Trade Commission published the following Federal Register notices July 22 on AD/CVD proceedings:
Antidumping and countervailing duty petitioners, led by Atlas Tube, said the Commerce Department properly used adverse facts available against exporter Hoa Phat Steel Pipe Co. in three anti-circumvention inquiries for untimely submitting questionnaire responses in a "straightforward case" (Hoa Phat Steel Pipe Co. v. U.S., CIT Consol. # 23-00248).
Court of International Trade Judge Timothy Reif released a pair of opinions July 22 dismissing two of a hot-rolled steel flat product exporter's three cases. One, in which Turkish exporter Eregli Demir ve Celik Fabrikalari sought a sunset review of an AD investigation, was made moot by a subsequent sunset review; the other was incorrectly brought under Section 1581(i) instead of under Section 1581(c), even if that would have required the exporter to file based on “speculation,” the judge said (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-003549, -50).
The Commerce Department and the International Trade Commission published the following Federal Register notices July 19 on AD/CVD proceedings:
On appeal, the U.S. and a petitioner each defended the Court of International Trade’s acceptance of the Commerce Department's thrice-remanded (see 2401190037) countervailing duty calculation for Russian phosphate fertilizer exporters (The Mosaic Company v. U.S., Fed. Cir. # 21-00117, -20, -21).
Mandatory antidumping duty respondent Linyi Chengen Import and Export Co., along with 25 plywood exporters, urged the U.S. Court of Appeals for the Federal Circuit to uphold the Court of International Trade's decision giving Chengen and the separate rate respondents a zero percent dumping margin in the AD investigation on hardwood plywood from China (Linyi Chengen Import and Export Co. v. U.S., Fed. Cir. # 24-1258).