A group of U.S. welded pipe manufacturers is appealing a Court of International Trade ruling that the Commerce Department can't make a particular market situation adjustment to the sales-below-cost test (see 2112280030). American Cast Iron Pipe, Berg Steel Pipe, Berg Spiral Pipe, Dura-Bond Industries and Stupp along with Greens Bayou Pipe Mill, JSW Steel (USA), Skyline Steel, Trinity Products and Welspun Tubular joined the Feb. 25 notice of appeal to the U.S. Court of Appeals for the Federal Circuit. The CIT decision was one in a long line of court decisions finding that the statute doesn't permit a PMS adjustment in this way (Borusan Mannesmann Boru Sanayi ve Ticaret v. U.S., CIT #19-00056). This position was recently upheld by the Federal Circuit in Hyundai Steel v. United States and is currently being petitioned for a full court rehearing by the AD petitioner of the relevant order Welspun.

The following lawsuits were recently filed at the Court of International Trade:

The following lawsuits were recently filed at the Court of International Trade:

A pair of complaints at the Court of International Trade, one filed by Calgon Carbon and the other by Carbon Activated Tianjin, argue that the Commerce Department picked the wrong surrogate data in a recent administrative review of the antidumping duty order on activated carbon from China (Calgon Carbon Corporation v. U.S., CIT #22-00025) (Carbon Activated Tianjin Co. v. U.S., CIT #22-00017).

Versace USA says CBP overcharged it customs duties by using the wrong appraisal method for merchandise moved between Versace's Canadian and U.S. warehouses, according to a complaint it filed Feb. 25. Versace says CBP used the transaction value method based on prices on a pro forma invoice, but those prices "were the suggested Canadian retail sales prices of the merchandise," and "Versace USA did not pay the prices stated on the pro forma invoice." CBP should have relied on the value of identical or similar merchandise, Versace said. CBP denied Versace's protest in 2017 (Versace USA Inc. v. U.S., CIT #18-00034).

South Korean manufacturer Hyundai Steel Co. launched a challenge at the Court of International Trade to contest the Commerce Department's final results in the administrative review of the countervailing duty order on cut-to-length carbon-quality steel plate from South Korea. In the review, Commerce said that Hyundai received a countervailable benefit through the issuance of carbon emissions permits for less than adequate remuneration (Hyundai Steel Company v. United States, CIT #22-00029).

CBP wrongly classified animal antibiotic chlortetracycline concentrate feed grade powder (CTC concentrate), resulting in the imposition of Section 301 China tariffs on the imports, Zoetis Services said in a Feb. 24 complaint at the Court of International Trade. While CBP classified the powder as a feed preparation, Zeotis says it should have classified it has a medicament (Zoetis Services LLC v. U.S., CIT #22-00056).

The following lawsuits were recently filed at the Court of International Trade:

The Commerce Department's Bureau of Industry and Security granted importer CPW America Co.'s bid for exclusions from paying Section 232 steel and aluminum tariffs following a remand order from the Court of International Trade. In a Feb. 23 submission, BIS said that there was not sufficient domestic U.S. capacity of line pipe to justify rejecting CPW's exclusion requests (CPW America Co. v. United States, CIT #21-00335).

The following lawsuits were recently filed at the Court of International Trade: