The U.S. Court of Appeals for the Federal Circuit on July 15 said that the Continued Dumping and Subsidy Offset Act of 2000 doesn't require the distribution of interest assessed after liquidation, known as delinquency interest. Judges Alan Lourie, Kara Stoll and Tiffany Cunningham said that the CDSOA only includes reference to interest that is "earned on" AD/CVD and "assessed under" the associated AD or CVD order, and that this interest is the only type to be deposited into the statute's "special accounts."
The Commerce Department and the International Trade Commission published the following Federal Register notices July 12 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade:
The U.S. is seeking over $1.1 million in unpaid antidumping and countervailing duties plus a $2 million civil penalty against importer Forest Group USA and its alleged successor company, Drapery Hardware USA, the government said in a customs penalty suit filed July 10 (U.S. v. Forest Group USA, CIT # 24-00117).
The Commerce Department reversed its use of adverse facts available against an Indian exporter of welded carbon steel standard pipes and tubes but said it was “concerned” that use of unaffiliated, noncooperative suppliers could provide otherwise-cooperative review respondents a “cloak of invisibility” (Garg Tube Export v. U.S., CIT # 21-00169).
Judges at the U.S. Court of Appeals for the Federal Circuit during a July 11 oral argument probed the government and parties to an antidumping and countervailing duty scope case on its standard of review in the scope case. Judge Sharon Prost said at the outset that the court is "being very careful" in terms of what it says on standard of review issues in "light of all of the recent opinions and litigation concerning standard of review" in administrative law issues (Worldwide Door Components v. United States, Fed. Cir. # 23-1532).
The Commerce Department and the International Trade Commission published the following Federal Register notices July 11 on AD/CVD proceedings:
The U.S. Court of Appeals for the Federal Circuit on July 9 granted a joint stipulation of dismissal from the U.S. and exporters led by Risen Energy Co. on the 2017 review of the countervailing duty order on solar cells from China. The government appealed the Court of International Trade decision siding with Risen on the agency's land benchmark calculation and use of adverse facts available pertaining to China's Export Buyer's Credit Program (see 2312200026). Gregory Menegaz, counsel for Risen, said that the U.S. sought the dismissal, suggesting it was due to the "bad facts" for the U.S. in the review (Risen Energy Co. v. U.S., CIT Consol. # 20-03912).
CBP ignored the metadata of certain photographs and videos in an evasion investigation in order to claim they were unreliable, a wooden cabinet importer argued July 8 at the Court of International Trade (Skyview Cabinet USA v. U.S., CIT # 22-00080).
The Court of International Trade on June 17 (see 2406170037) -- in an opinion released publicly July 10 -- upheld a CBP finding that six companies didn’t evade antidumping and countervailing duties on aluminum extrusions from China by transshipping them through the Dominican Republic. Judge Richard Eaton explained that CBP had reasonably reinterpreted record evidence within the context of other information it had failed to consider previously.