CIT Asks US for More Information on Injunction Violation in AD Review Suit

The Court of International Trade on Aug. 22 asked the government for more information after CBP acknowledged inadvertently liquidating entries subject to an injunction from the court (Shanghai Tainai Bearing Co. v. U.S., CIT # 24-00025).

Judge Stephen Vaden asked the U.S. to submit a table that identifies each entry subject to the injunctions in the consolidated case, along with the dollar value of each entry, which plaintiff is tied to the entry, whether CBP liquidated the entry, when the entry was liquidated and when CBP restored the entry to unliquidated status. Vaden also asked the government to say what caused the violation of the injunction.

The injunction violation came in a suit on the 2021-22 administrative review of the antidumping duty order on antifriction bearings from China from exporters led by Shanghai Tainai Bearing Co. The company argued that Commerce improperly used the differential pricing analysis to detect "masked" dumping (see 2408130063).

In a recent status report, the U.S. said Shanghai Tainai told it that certain entries subject to an injunction in the case were inadvertently liquidated. CBP said it investigated the matter and reverted all liquidated entries back to unliquidated status. Vaden said a "violation of an injunction is a serious matter," asking for more information on the violations.