The Court of International Trade should sustain the Commerce Department's remand redetermination in an antidumping duty investigation on mattresses from Cambodia, upholding that the agency's use of a simple average in surrogate value cost calculations was legal and its use of financial statements from Emirates Sleep, DOJ said in Sept. 29 remand comments (Best Mattresses International v. U.S., CIT # 21-00281).
The Supreme Court of the U.S. on Oct. 2 denied a petition for writ of certiorari from importer Acquisition 362, doing business as Strategic Import Supply, regarding an opinion from the U.S. Court of Appeals for the Federal Circuit requiring protests to be filed within 180 days of liquidation. The appellate court rejected the claim that protests can be filed within 180 days of the date the Commerce Department issues antidumping and countervailing duty instructions to CBP (see 2302060029).
The Commerce Department unlawfully failed to offset interest expenses with interest income in calculating the costs of production for shrimp exporter Megaa Moda, the company said in a Sept. 29 complaint filed at the Court of International Trade (Megaa Moda Private Limited v. U.S., CIT # 23-00205).
The Commerce Department failed to support its position in a countervailing duty case that the South Korean government gave up some revenue through the provision of its emissions trading program, the Court of International Trade ruled in a Sept. 29 opinion. Judge Mark Barnett wrote that while the Korean government may lose money by fully allocating emissions permits, it doesn't necessarily do so, given that companies that receive a standard allocation can obtain the permits through means that don't involve lining the government's pockets.
The Office of the U.S. Trade Representative, in a Federal Register notice published Sept. 29, asked for applications from people who would like to serve on panels that review final determinations in antidumping or countervailing duty proceedings and amendments to AD/CVD statutes of a USMCA Party. These people would be on the roster from April 1, 2024, through March 31, 2025. Applications are due by Nov. 30, and can be submitted at www.regulations.gov, docket number USTR-2023-0011.
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 2 on AD/CVD proceedings:
CBP announced an Enforce and Protect Act (EAPA) investigation on whether Ebuy Enterprises and Highland USA International evaded an antidumping duty order on xanthan gum from China. The agency said it found reasonable suspicion existed that the importers had transshipped Chinese-origin xanthan gum through Malaysia, necessitating the imposition of interim measures.
The following lawsuits were recently filed at the Court of International Trade:
Countervailing duty petitioner Rebar Trade Action Coalition's attempt to undermine the Commerce Department's remand decision finding that ship building company Nur Gemicilik ve Tic, an affiliate of respondent Kaptan Demir Celik Endustrisi ve Ticaret, is not a cross-owned input supplier "fall[s] short," the U.S. said (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 21-00565).
The Court of International Trade in a Sept. 28 order denied a motion to sever filed by exporters led by Salzgitter Mannesmann Grobblech. Judge Leo Gordon denied the motion without prejudice. The exporters asked to be severed from the joint case on the antidumping duty investigation on steel cut-to-length plate from Germany since its claims have been resolved by the court (see 2309270037). Salzgitter said its case has "no overlap" with the one brought by lead plaintiff AG der Dillinger Huttenwerke, noting that disposition of Dillinger's remaining claims will take a significant amount of time (AG der Dillinger Huttenwerke v. U.S., CIT Consol. # 17-00158).