The U.S. Court of Appeals for the Federal Circuit in a June 7 order affirmed the Court of International Trade's decision to sustain the Commerce Department's use of antidumping duty respondent Z.A. Sea Food's (ZASF's) Vietnamese sales to calculate normal value in an AD review on Indian frozen warmwater shrimp. The unanimous order from Judges Alan Lourie, Raymond Clevenger and Todd Hughes was issued without an accompanying opinion.

Judges on the U.S. Court of Appeals for the Federal Circuit heard arguments June 6 in a lumber exporter's case. The exporter is challenging its 2020 cash deposit rate set by a 2019 review after the Commerce Department previously ordered liquidation of its 2019 entries at a lower rate carried over from 2018 (J.D. Irving v. U.S., Fed. Cir. # 23-1652).

Exporter Nanjing Dongsheng Shelf Manufacturing Co. told the Court of International Trade in a June 6 complaint that the Commerce Department abused its discretion when it rejected the company's separate rate certification as untimely in the 2021-22 review of the antidumping duty order on steel racks from China (Nanjing Dongsheng Shelf Manufacturing Co. v. U.S., CIT # 24-00085).

Three motions for judgment were filed at the Court of International Trade June 5 challenging the Commerce Department's 2020-21 review of the countervailing duty order on phosphate fertilizers from Russia (Archer Daniels Midland Company v. U.S., CIT # 23-00239).

The Court of International Trade on June 5 sustained some and remanded some of the Commerce Department's surrogate value picks in the 16th review of the antidumping duty order on Vietnamese catfish, covering entries in 2018 to 2019.

Seko Logistics will still pursue its lawsuit challenging CBP's suspension of the company from Type 86 filing and the Customs-Trade Partnership Against Terrorism, despite CBP's conditional reinstatement of the customs broker, according to a June 4 statement from the company. The Chicago-area customs broker and freight forwarder says CBP still hasn’t fully provided its reasons for Seko’s initial suspension.

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The Commerce Department stuck by its decision to use India as its primary surrogate country on remand at the Court of International Trade in a case on the 2017-18 administrative review of the antidumping duty order on frozen fish fillets from Vietnam (Catfish Farmers of America v. United States, CIT Consol. # 20-00105).

Judges at the U.S. Court of Appeals for the Federal Circuit appeared skeptical that antidumping duty petitioner Ad Hoc Shrimp Trade Action Committee could overcome the Court of International Trade's discretionary finding that the petitioner failed to adequately argue that third country sales must be "for consumption" in the third country market when determining normal value (Z.A. Sea Foods v. United States, Fed. Cir. # 23-1469).

Seko Customs Brokerage, which had added staffing to handle Type 86 filings before it was suspended from the Type 86 program beginning May 27 (see 2405310031), filed a complaint on June 3 asking the Court of International Trade to force CBP to reinstate it through an injunction.