The Court of International Trade should deny a government motion to amend a complaint and toss the action with respect to a single entry, American Home Assurance Company (AHAC) said in an Aug. 14 motion. DOJ is seeking antidumping duties and interest on eight single transaction bonds issued over 20 years ago (U.S. v. American Home Assurance Co., CIT # 20-00175).
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The Commerce Department legally used antidumping duty respondent Dillinger France's normal books and records as facts otherwise available by reallocating production costs between prime and non-prime plate in the AD investigation on carbon and alloy steel cut-to-length plate from France, the Court of International Trade ruled in an Aug. 15 opinion.
The Court of International Trade on Aug. 16 denied a motion by importer Wanxiang America to dismiss a penalty case related to misclassification and failure to pay antidumping duties on tapered roller bearings. Judge Gary Katzmann ruled that the importer's failure to abide by a CBP notice of action could be considered negligence or gross negligence, even though the notice of action wasn't binding on Wanxiang's subsequent entries. Katzmann also found misclassifications can constitute false statements subject to Section 1592 penalties, though he noted Wanxiang's "well-founded concerns" that mere classification disagreements shouldn't rise to the level of a penalty. He also declined to dismiss a count of negligence based on Wanxiang's arguments that a key scope ruling identifying the importer's goods a subject to antidumping duties had not yet been released.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 15 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade issued an order last week halting liquidation of imported wooden cabinets and vanities from China that were the subject of an Enforce and Protect Act investigation into possible evasion by importer Scioto Valley Woodworking (American Kitchen Cabinet Alliance v. U.S., CIT # 23-00140).
The Commerce Department ignored a Court of International Trade remand order to reconsider the use of adverse facts against antidumping duty respondent Meihua and restated arguments on remand that the CIT had already rejected (see 2306280043), Meihua said in its Aug. 11 remand comments at CIT. Consolidated plaintiffs Deosen Biochemical and Jianlong Biotechnology raised separate issues with the remand in their own comments (Meihua Group International (Hong Kong) v. U.S., CIT # 22-00069).
CBP miscalculated antidumping duty payments on imported crystalline silicon photovoltaic products from Taiwain, ignored prior disclosure payments by importer URE NSP, and then partially denied a protest seeking those refunds, said URE NSP in an Aug. 11 complaint at the Court of International Trade (URE NSP Corporation v. U.S. CBP, CIT # 23-00154). The company asked the court to order a refund of about $311,00 plus interest for overpayment of duties.
The Court of International Trade in an Aug. 15 opinion upheld the Commerce Department's remand results in an antidumping case in which the agency continued to rely on respondent Dillinger France's normal books and records as facts otherwise available to fill in missing cost of production data for prime and non-prime plate. Judge Gary Katzmann said Commerce's reliance on the exporter's normal books and records as facts otherwise available was not contrary to the U.S. Court of Appeals for the Federal Circuit's ruling in this case, despite that court finding the respondent's normal books did not reasonably reflect the costs linked with the production of other merchandise. Katzmann said evidence shows that "more than a mere scintilla" supports Dillinger's normal books and records as being "probative" of the missing cost information.