The U.S. Court of Appeals for the Federal Circuit on May 30 issued its mandate following a decision dismissing importer Rimco's challenge of antidumping and countervailing duties on its steel wheel entries for a lack of subject-matter jurisdiction (see 2404080036). The appellate court said jurisdiction would have been proper under Section 1581(c) as a challenge to a Commerce Department decision, instead of under Sections 1581(a) or 1581(i) as asserted by Rimco. The importer challenged the AD/CVD as being excessive under the Eighth Amendment to the U.S. Constitution (Rimco v. U.S., Fed. Cir. # 22-2079).
Importer Wagner Spray Tech. Corp. told the Court of International Trade that the Commerce Department impermissibly used (k)(1) sources to expand the scope of the antidumping and countervailing duty orders on aluminum extrusions from China when it included the company's finished heat sink manifold under the AD/CVD orders (Wagner Spray Tech. Corp. v. United States, CIT # 23-00241).
The Canadian government and a group of eight Canadian lumber exporters sought to file an amici curiae brief in a case at the U.S. Court of Appeals for the Federal Circuit on the Commerce Department's use of the Cohen's d test to detect "masked" dumping. Filing unopposed for leave to file the briefs on May 28, the parties said they can provide "unique and robust explanations of the Cohen's d denominator, a full understanding of which will" aid the court to settle the issues in the case (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
CBP continued to find that three importers evaded the antidumping and countervailing duty orders on hardwood plywood from China on remand at the Court of International Trade, after providing the companies with access to the confidential information in the Enforce and Protect Act proceeding (American Pacific Plywood v. U.S., CIT # 20-03914).
World Trade Organization members met on May 24 with a delegation from Uzbekistan to discuss the Central Asian nation joining the global trade body, the WTO announced. Members at the meeting highlighted areas where more work is needed, including on the completion of market access agreements. Jamshid Khodjaev, deputy prime minister of Uzbekistan, said his goal is for Uzbekistan to join the WTO by the 14th Ministerial Conference in 2026. The chair of the talks, South Korea's Yun Seong-deok, said the talks occurred just six months after the seventh meeting, demonstrating the "accelerated pace" of the discussions.
The following lawsuit was recently filed at the Court of International Trade:
Importer PNS Clearance dismissed its case challenging the assessment of a 1.02% antidumping duty rate on its quartz countertops. The company brought suit earlier this year to contest CBP's liquidation of 227 of the quartz countertop entries, claiming that they should be liquidated at the proper de minimis mark (see 2402160049). PNS said it acted as the importer of record but that the actual buyer was M S International and that the exporter was Pokarna Engineered Stone, which received a zero percent AD rate following an AD review of the goods. Counsel for the importer didn't immediately respond to a request for comment on why the case was dismissed (PNS Clearance v. U.S., CIT # 24-00044).
The Court of International Trade on May 28 rejected the government's motion for partial reconsideration of the court's decision finding that the government violated the "implied contractual term" of reasonableness in waiting eight years to demand payment from surety Aegis Security Insurance Co. on a customs bond.
The Court of International Trade on May 28 said the Commerce Department erred in revoking the antidumping duty orders on stilbenic optical brightening agents from Taiwan and China after it didn't receive a timely notice of intent to participate in the orders' sunset reviews from a domestic producer. Judge M. Miller Baker told Commerce to conduct the full sunset reviews since U.S. manufacturer Archroma U.S. filed substantive responses to the agency's notice of initiation of the sunset reviews.
Qatar formally accepted the World Trade Organization Agreement on Fisheries Subsidies May 22, bringing to 76 the total number of countries that have accepted the deal. The WTO requires 34 more to reach the two-thirds threshold needed for the agreement to be able to enter into effect.