The Commerce Department made multiple errors in its treatment of Grupo Simec during an antidumping duty review on steel concrete reinforcing bar (rebar) from Mexico, including the incorrect application of adverse facts available to respondent Simec, Simec said in an Aug. 8 complaint at the Court of International Trade (Grupo Simec, et. al. v. United States, CIT #22-00202).
The Commerce Department erred in its calculations when determining the cost of honey during an antidumping duty investigation, AD duty petitioners American Honey Producers Association and the Sioux Honey Association said in an August 5 complaint at the Court of International Trade (American Honey Producers Association v. United States, CIT #22-00195).
The Commerce Department erred in its calculations of production costs during an antidumping duty investigation on raw honey from Argentina, exporter Nexco said in an August 8 complaint at the Court of International Trade (Nexco, S.A. v. U.S., CIT #22-00203).
The Court of International Trade will close out a controversial case involving allegations of antidumping and countervailing duty evasion by a Dominican exporter in that Dominican exporter’s favor, granting on Aug. 8 a motion to enter judgment sustaining CBP’s reversal of an evasion finding for Kingtom Aluminio in an Enforce and Protect Act investigation. Kingtom, several importers and the U.S. government had filed a joint motion requesting CBP’s remand results be sustained (see 2206230037).
Plaintiffs in three similar cases challenging CBP’s denial of delinquency interest on collected antidumping and countervailing duties under the Continued Dumping and Subsidy Offset Act will appeal to the U.S. Court of Appeals for the Federal Circuit, according to three notices of appeal filed Aug. 5. The Court of International Trade ruled in June that CBP properly denied the payments, relying on CBP’s interpretation of how to administer CDSOA and define how interest is earned on AD/CVD given ambiguities in the statute pertaining to delinquency interest (see 2206160074). Among the appellants are Monterey Mushrooms, Hilex Poly and American Drew.
The Department of Commerce erred in finding that critical circumstances existed in an antidumping and countervailing duty investigation concerning raw honey from Vietnam, argued the National Honey Packers and Dealers Association in an Aug. 5 complaint to the Court of International Trade (National Honey Packers & Dealers Association v. U.S., CIT #22-00194, -00195).
Offroad utility vehicles should be classified as passenger rather than cargo transporters, importer MTD said in an Aug. 5 complaint to the Court of International Trade (MTD Consumer Group Inc. v. U.S., CIT # 22-00233).
While plaintiffs in a solar cell antidumping review case were satisfied with the Commerce Department's switch from adverse facts available and how it values silver paste on remand, they still contest the agency's positions on how to value backsheets and ethyl vinyl acetate (EVA) using surrogate data. In comments to the Court of International Trade, the plaintiffs, led by Risen Energy, argued the Commerce's bid to further defend its valuation of backsheet and EVA inputs is unsupported by substantial evidence (Risen Energy v. U.S., CIT Consol. #20-03743).
Camera housings are properly classified as camera "parts" rather than "camera cases," argued GoPro at the Court of International Trade in an Aug. 5 motion for summary judgment (GoPro v. U.S., CIT #20-00176).
CBP and importer Launchlab reached a deal on the proper tariff classification of the company's pet carriers, the parties announced in an Aug. 4 stipulated judgment on agreed statement of facts at the Court of International Trade. The pet carriers were liquidated under Harmonized Tariff Schedule subheading 4202.92.90 as "travel, sports or similar bags," dutiable at 17.6%. Per the agreement, the pet carriers will be liquidated under subheading 6307.90.98 as other textile articles, dutiable at 7%. CBP issue refunds with interest, settling a case that began seven years ago (Launchlab v. U.S., CIT #15-00288).