The U.S. Court of Appeals for the Federal Circuit on Nov. 14 issued its mandate in a pair of antidumping and countervailing duty scope cases in which it sustained the Commerce Department's inclusion of door thresholds imported by Worldwide Door Components and Columbia Aluminum Products in the scope of the AD/CVD orders on aluminum extrusions from China (see 2410080046). The court said Commerce adequately explained that door thresholds are subassemblies and not qualified for the finished merchandise exception. The court affirmed that subassemblies and finished merchandise are "mutually exclusive categories" (Worldwide Door Components v. United States, Fed. Cir. # 23-1532) (Columbia Aluminum Products v. United States, Fed. Cir. # 23-1534).
The U.S. corrected a representation it made during Nov. 11 oral argument about whether petitioner Bonney Forge could have attended an on-site verification of respondent Shakti Forge Industries during an antidumping duty investigation on forged steel fittings from India (Bonney Forge Corporation v. U.S., CIT #20-03837).
The Court of International Trade sustained 162 requests for Section 232 steel tariff exclusions submitted by importer California Steel Industries in a confidential decision, though the court remanded 31 separate exclusion denials. Judge M. Miller Baker said that should the Commerce Department grant any of the 31 remanded exclusion requests, it shall tell CBP "to honor them" by extending the exclusions to "otherwise-eligible entries" that had not finally liquidated by the fifth business day after the original exclusion request denials (California Steel Industries v. United States, CIT # 21-00015).
Nvidia CMP 170 HX graphics processing units should be excluded from Section 301 tariffs on China, importer Atlas Power argued in a Nov. 13 motion for judgment at the Court of International Trade (Atlas Power v. United States, CIT # 23-00084).
Restrictive trade measures from 20 of the world's leading economies "significantly increased" over the past year, the World Trade Organization found in its 31st Trade Monitoring Report. While the Group of 20 countries also imposed 141 trade facilitating measures, the report said that from October 2023 to October 2024, G20 nations imposed 91 new trade-restrictive measures covering around $828.9 billion worth of goods, up from about $246 billion worth of goods in the last report, which covered restrictions imposed from mid-May to mid-October 2023.
The following lawsuit was recently filed at the Court of International Trade:
The U.S. brief opposing exporter Koehler Oberkirch GmbH's petition for mandamus relief on the question of whether the government properly served the exporter relies on "case law of other circuits" and not the U.S. Court of Appeals for the Federal Circuit, Koehler argued. Filing a response brief on Nov. 12, the exporter said the "law of other jurisdictions does not determine legal error or a clear abuse of discretion in this Circuit" (In Re Koehler Oberkirch GmbH, Fed. Cir. # 25-106).
The Court of International Trade dismissed Byungmin Chae's second lawsuit challenging his results of the April 2018 customs broker license exam, finding that the suit is precluded by the Nebraska resident's first case challenging the test.
Exporter Hoshine Silicon (Jia Xiang) Industry Co. has no statutory or constitutional standing to challenge CBP's issuance of or refusal to modify the withhold release order on silica-based products made by its parent company Hoshine Silicon or its subsidiaries, the U.S. argued. Filing a reply brief at the Court of International Trade on Nov. 8, the government said Hoshine offered an incorrect "zone of interests" analysis to bolster its claim of statutory standing (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
The Commerce Department prorated the countervailing duty set on exporter The Ancientree Cabinet Co. in the countervailing duty investigation on wooden cabinets and vanities from China to account for the percentage of its U.S. customers that failed to verify nonuse of China's Export Buyer's Credit Program (Dalian Meisen Woodworking Co. v. U.S., CIT # 20-00110).