The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit should uphold a lower court decision that found that CBP's "indirect method" for weighing importer New Image Global's tobacco wraps that included the weight of additives was legally and scientifically valid, the Department of Justice said in a Jan. 27 brief. Replying to New Image's arguments to the contrary, DOJ said that CBP properly interpreted the excise tax statute to include anything added to the tobacco wraps in the weight of the wraps (New Image Global v. United States, Fed. Cir. #19-2444).
The Commerce Department can use adverse facts available over the Chinese government's failure to provide information on its electricity price-setting practices in a countervailing duty review, the U.S. Court of Appeals for the Federal Circuit said in a Jan. 28 opinion. Upholding a decision from the Court of International Trade, the Federal Circuit affirmed Commerce's CV duties for the provision of electricity for less than adequate remuneration (LTAR) after the Chinese government failed to explain price variations across different provinces.
CBP doesn't need to establish intent to defraud the U.S. in order to find an importer evaded antidumping and countervailing duties under the Enforce and Protect Act statute, CBP told the Court of International Trade in its Jan. 27 remand results. Continuing to find that Diamond Tools Technology (DTT) evaded the ADD/CVD order on diamond sawblades from China, CBP said that it only needs to show that DTT submitted false statements to prove evasion. This is in line with the purpose of the law, CBP said, since the purpose is to merely collect AD/CV duties owed to the U.S. (Diamond Tools Technology v. U.S., CIT #20-00060)
The European Union launched a case at the World Trade Organization over China's allegedly discriminatory practices against Lithuania, which the EU claims are also affecting other exporters from the European trading bloc, the European Commission said. China's restrictions on Lithuania stem from the country's support for Taiwan. In November 2020, Lithuania's ruling coalition agreed to support "those fighting for freedom" in Taiwan. China's response included a refusal to clear goods from Lithuania through customs, rejection of Lithuanian import applications and a campaign to get non-Lithuanian EU companies to remove Lithuanian inputs from their supply chains when sending goods to China (see 2112090012). While the commission also implemented a proposal for an anti-coercion instrument to help respond to China's restrictive measures, it has now also requested consultations with China at the WTO over the restrictions.
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department's requirement that an antidumping respondent report all of its factors of production (FOP) data on a control number (CONNUM)-specific basis violated the law because it's a legislative rule subject to the Administrative Procedure Act but was imposed without the required notice-and-comment period, respondent Shanxi Pioneer Hardware Industrial Co. said in a Jan. 26 brief. Responding to arguments from the Department of Justice and the AD petitioner at the U.S. Court of Appeals for the Federal Circuit, Pioneer also said that even if the requirement isn't deemed a legislative rule, Commerce's CONNUM-specific rule is unlawful since it restricted the agency's ability to rely on non-CONNUM-specific data (Xi'an Metals & Minerals Import & Export Co. v. U.S., Fed. Cir. #21-2205).
Although attorneys were expecting further guidance from the Court of International Trade over how best to claim "first sale" valuation with the CBP, they got even more questions about how the valuation tactic will be applied, Kevin Leonard, international trade lawyer at Grunfeld Desiderio, said at a Jan. 26 webinar hosted by the U.S. Fashion Industry Association. Speaking about CIT's March decision in Meyer Corp. v. U.S., Leonard discussed what he saw as the opinion's impacts and flaws, including a failure to look at the "second sale" price in the case and the addition of a new requirement for parties looking to claim first sale.
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the D.C. Circuit sent a case back to the the D.C. U.S. District Court over whether service was properly provided to the Venezuelan government in a case on the expropriation of a French company. The appellate court said that service was not provided to the Attorney General, as required by Venezuelan law, so the case was sent back so that the French company in question, Saint-Gobain Performance Plastics Europe, has a chance to properly effect service (Saint-Gobain Performance Plastics Europe v. Bolivarian Republic of Venezuela, D.C. Cir. #21-7019).