The Commerce Department will raise the antidumping duty cash deposit rate in effect for an exporter of frozen warmwater shrimp from India (A-533-840), implementing a recent Court of International Trade decision that ordered Commerce to recalculate rates set in an administrative review completed in 2019 (see 1910280007), it said. As a result of its recalculation, the AD duty cash deposit rate for Milsha Agro Exports Pvt. Ltd. will rise to 6.13% (from 1.87%). The new rate will apply to subject merchandise entered on or after Sept. 30, 2020.
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
The following lawsuits were filed at the Court of International Trade during the week of Sept. 20-26:
The following lawsuits were filed at the Court of International Trade during the week of Sept. 13-19:
The Court of International Trade rejected an importer's bid for reconsideration of its challenge of the countervailing duty rate assessed on its tire imports. The court found for the second time that the importer lacked proper jurisdiction due to an untimely filed protest of a liquidation decision. “The lesson is both clear and stark: Don’t sit on your rights,” Judge Stephen Alexander Vaden said.
CBP recently updated its frequently asked questions about the withhold release order aimed at silica-based products from China that made a first mention of de minimis considerations (see 2108030026). CBP's revised response to a question about whether finished products containing a small percentage of silica-based products subject to the WRO now says the agency “recognizes there may be some very fact-specific instances, where the question of the contribution of prohibited labor to the whole of a product (from a quantitative and a qualitative perspective) is something that a court might consider with respect to the statutory intent of Section 1307 of Title 19, United States Code.” The updated version also removes any mention of the phrase “de minimis” and an example of a de minimis contribution.
The following lawsuits were filed at the Court of International Trade during the week of Sept. 6-12:
The following lawsuits were filed at the Court of International Trade during the week of Aug. 30 - Sept. 5:
The following lawsuits were filed at the Court of International Trade during the week of Aug. 23-29:
Five Canadian softwood lumber exporters will, effective Aug. 28, be newly subject to countervailing duty cash deposit requirements on softwood lumber from Canada (C-122-858), the Commerce Department said.
The Court of International Trade on Aug. 26 dismissed a steel importer's and purchaser's bid to reliquidate two entries subject to Section 232 steel and aluminum tariffs, saying the plaintiffs had already received the relief available to them from the Commerce Department in the form of a product exclusion but failed to preserve their ability to receive a refund by way of an extension of liquidation or a protest.