The Court of International Trade sustained the Commerce Department's fifth remand redetermination of the antidumping duty investigation of hardwood plywood products from China, according to an Oct. 10 opinion. Court of International Trade Judge Jennifer Choe-Groves sustained Commerce's separate rate along with its decisions to exclude Jiangyang Wood and Dehua TB, and to include Sanfortune Wood and Longyuan Wood within the order.
The U.S. must further explain its decision not to add certain documents to the record in a case on the National Marine Fisheries Service's rejection of importer Southern Cross Seafoods' application for preapproval to import Chilean sea bass, the Court of International Trade ruled. Judge Timothy Reif said in an Oct. 5 opinion made public Oct. 10 that the government must address inconsistencies in its reasons for not including information showing how the NMFS obtained outside legal opinions included in the administrative record and information identifying who authored a relevant legal opinion.
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The Commerce Department made no changes to the final results of the 2019 administrative review of the countervailing duty order on corrosion-resistant steel goods from South Korea, in its Oct. 5 remand results. Commerce said that, in accordance with the court's July remand order (see 2307100028), it further explained its decision-making process for finding that three debt-to-equity restructurings provided a countervailable benefit, that a benefit passed to the new ownership, and that the uncreditworthy benchmark rate and unequityworthy discount rate were correctly calculated and applied (KG Dongbu Steel Co. v. U.S., CIT # 22-00047).
Importer Spirit Aerosystems' reading of the statute pertaining to its drawback claim for unused substitution drawback would lead to "unpredictable and often absurd results," the U.S. said in an Oct. 6 reply brief at the Court of International Trade. Spirit's argument that CBP's implementation of the statute "misconstrues basic tariff terms, renders entire sections" of the law "inoperative, and requires the omission of certain words from the drawback statute," the government claimed (Spirit Aerosystems v. United States, CIT # 20-00094).
Aluminum extrusions from 14 more countries -- as well as additional types of aluminum extrusions from China -- face the imposition of antidumping and countervailing duties after a U.S. producer coalition and a labor union filed petitions for new AD/CVD investigations with the Commerce Department and the International Trade Commission on Oct. 4.
The Court of International Trade doesn't have subject-matter jurisdiction over the Forced Labor Enforcement Task Force's (FLETF) addition of entities to the Uyghur Forced Labor Prevention Act Entity List, the U.S. argued in an Oct. 3 motion to dismiss. Seeking dismissal of a case filed by Chinese printer cartridge manufacturer Ninestar Corp., the government said that because the FLETF's decision is neither an embargo nor a quantitive restriction, the court doesn't have jurisdiction over the proceeding under Section 1581(i), the court's "residual" jurisdiction (Ninestar Corp. v. U.S., CIT # 23-00182).
The Court of International Trade in an Oct. 4 opinion sustained the Commerce Department's method for picking an adverse facts available rate for antidumping duty respondent Sino-Maple as part of the sixth review of the AD order on multilayered wood flooring from China. Judge Richard Eaton partially vacated his previous opinion in the case following oral argument with the parties, finding that Commerce was in fact not barred from using mandatory Jiangsu Senmao Bamboo and Wood Industry Co.'s "highest transaction-specific dumping margin" as Sino-Maple's AFA rate.
The Court of International Trade's decision ordering CBP to reliquidate customs entries flatly cuts against a recent U.S. Court of Appeals for the Federal Circuit decision that ruled against reliquidation after a court case led to a higher dumping rate for a different exporter, retail giant Target told the appellate court (Target v. U.S., Fed. Cir. # 23-2274).
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.