1 Customs, 2 AD/CVD Cases Related to Rescission of AD/CVD Reviews to Be Litigated Concurrently

Counsel for importer Larson-Juhl US will proceed with the company's customs case alongside two cases from the relevant exporter, China Cornici Co., which is also represented by the same counsel. Submitting a joint status report to the Court of International Trade, Clark Hill attorneys said that they made the decision to allow the three cases to "proceed independently" instead of staying one of them following a meeting with the court in which Judge Stephen Vaden "asked the parties to reconsider the request to continue the stay and to discuss the order in which the three cases should proceed" (Larson-Juhl US v. United States, CIT # 23-00032).

Larson-Juhl's customs case claims that CBP should have suspended liquidation of the relevant picture frame molding imports pending antidumping and countervailing duty reviews (see 2303310056). The importer paid over $2 million in AD/CV duties at the 220.87% China-wide AD rate and the 20.56% all-others CVD rate. While not immediately paying cash deposits, the importer filed a prior disclosure letter so that it could pay them after learning their goods may be subject to the orders. CBP never reset the entry types or suspended liquidation on the goods, barring the entries from being considered as part of an AD/CVD review.

The exporter, China Cornici, concurrently filed two CIT cases, contesting Commerce's decision to rescind the AD/CVD reviews for the exporter because there were no eligible entries (see 2310250067). The two cases contesting the review rescission and the one case challenging CBP's failure to reclassify the imports will now proceed concurrently.