Recent Court Cases on International Trade for April 4 - 29
The following Court of Appeals for the Federal Circuit and Court of International Trade cases on international trade issues were dated/decided during April 4 - 29, 2008:
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CAFC Again Remands Case on AD Liquidation Instructions for Japan Bearings
In a case involving Shinyei Corporation of America's imports of ball bearings from Japan that are subject to antidumping duties, the CAFC held that deemed liquidation did not bar Shinyei's Administrative Procedure Act claim any more than did actual liquidation, and that Shinyei's administrative protests were not untimely. The CAFC remanded with instructions to the CIT to reach the merits of Shinyei's case.
CAFC Reverses CIT on Classification of Air Filter
In a case concerning the classification of Sperifilt filter media, a product used to filter dirt and other particles from circulating air, the CAFC reversed and remanded the CIT's interpretation of HTS 5911.40.00, ruling that the Sperifilt filter media falls outside the scope of that tariff number.
CIT Rules on Rescinded New Shipper AD Review for Honey from China
In this case, the International Trade Administration had rescinded the AD new shipper review sought by Jinfu Trading Co. Ltd. on honey from China, due to a lack of evidence establishing its affiliation with Yousheng Trading (U.S.A.) Co., Ltd. or its successor Jinfu Trading (U.S.A.) Co., Ltd. as of November 2, 2002, among other reasons. On remand, the CIT agreed with the ITA, determining that Jinfu Trading Co. Ltd. did not own or control Yousheng/Jinfu on or before November 2, 2002.
CIT Orders Review of Expenses, Inputs in AD Order on Ironing Tables from China
In an administrative review of an AD order covering floor-standing, metal top ironing tables from China, the ITA failed to consider carriage inward expenses incurred by Home Products Inc. as a raw material expense. In addition, the ITA established a new methodology to evaluate the reliability of cold-rolled steel purchases paid to a supplier located in a market economy. The CIT ordered the ITA to reconsider if the carriage inward expenses should be considered a raw material expense and to reconsider its methodology for evaluating market economy input purchases from a nonmarket economy-owned supplier.
CIT Upholds ITA on AD Reviews of Hand Trucks from China
The CIT has ruled against the petitioners, and upheld the ITA's AD administrative and new shipper reviews results on the use of selling, general and administrative expenses in calculating the normal value for True Potential Co., Ltd., and the selection of data relevant to merchandise classified under HTS 8483.20.20 for Since Hardware (Guangzhou) Co., Ltd.'s axis of rotation.
CAFC ball bearings case (CAFC 2007-1291, decided 04/24/08, Shinyei Corporation of American v. U.S.) available at http://www.cafc.uscourts.gov/opinions/07-1291.pdf
CAFC ruling on Sperifilt filter (CAFC 2007-1384, decided 04/28/08, Airflow Technology, Inc. vs. U.S.) available at http://www.cafc.uscourts.gov/opinions/07-1384.pdf
CIT honey AD case (Jinfu Trading Co., Ltd., v. U.S. et. al., Slip Op. 08-38, dated 04/04/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op%2008-38.pdf
CIT ironing table case (Home Products International, Inc., v. U.S., Slip Op. 08-39, dated 04/07/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-39.pdf
CIT hand truck case (Gleason Industrial Products, Inc., and Precision Products, Inc. v. U.S. et. al., Slip Op. 08-44, dated 04/25/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-44.pdf