Recent Court Cases on International Trade for May 28 - June 10, 2008
The following Court of Appeals for the Federal Circuit (CAFC) and Court of International Trade (CIT) cases on international trade issues were dated/decided during May 28 - June 10, 2008:
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
Lack of Reasonable Care When Attorney's Advice Ignored
The CIT ruled that the importer failed to exercise reasonable care and was subject to 1592(c) penalties, when, among other things, the importer failed to follow its attorney's advice to seek a binding ruling in the aftermath of a CAFC decision on similar products. (U.S. v. Optrex America, Inc., (Slip Op. 08-63, dated 06/09/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-63.pdf)
(See future issue of ITT for more detailed BP summary.)
Byrd Amendment, NAFTA, and Wheat from Canada
The CIT has decided based on the CAFC's mandate after appeal, that pursuant to NAFTA, the Byrd Amendment does not apply to antidumping and countervailing duties assessed on imports from Canada or Mexico and that CBP is permanently enjoined as of July 14, 2006 from making any Byrd amendment payments that derive from AD/CV duties imposed on hard red spring wheat from Canada. (Canadian Lumber Trade Alliance v. U.S. (Slip Op. 08-65, dated 06/10/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-65.pdf)
Retroactive Revocation of AD Order on Rubber Thread from Malaysia
For the second time, the CIT remanded the issue of whether the antidumping duty order on extruded rubber thread from Malaysia should be revoked for entries that had already been subject to an administrative review. (Trustees in Bankruptcy of North American Rubber Thread Co. Inc. et alia v. U.S. (Slip Op. 08-66, dated 06/10/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-66.pdf)
Excluding China Sales from AD Normal Value for OCTG from Korea
The CIT ruled that the ITA's remand results to exclude certain oil country tubular goods from Korea sold to buyers located in China in its calculation of normal value were not supported by substantial evidence and remanded the results back to the ITA for further consideration. (Husteel Company Ltd. et alia vs. U.S. (Slip Op. 08-62, dated 06/02/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-62.pdf)
Terms of Sale in AD Review on Hot-Rolled Steel Flat Products from Thailand
In this case, the CIT upheld the legality of ITA's selection of the invoice date as the date of sale in the U.S. However, the CIT determined that the ITA's factual finding of finality of the terms of sales was incomplete, and remanded the case back to the ITA for further consideration. (Nakornthai Strip Mill Public Company Limited vs. U.S. (Slip Op. 08-58, dated 05/28/08) available at http://www.cit.uscourts.gov/08-58%20Public.pdf)