Recent Court Cases on International Trade for June 16 - 17, 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 June 16 - 17, 2008:
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Reinstatement of AD Order Due to Exporter Fraud, Etc.
The CAFC ruled that the International Trade Administration (ITA) had the authority to conduct a changed circumstances review to reinstate the antidumping duty order on large newspaper printing presses (LNPPs) from Japan for one company, Tokyo Kikai Seisakusho, Ltd., as this company had provided false information during yearly administrative reviews. However, the CAFC determined that the ITA's stated intention of reopening the sunset review that had revoked the AD order in its entirety was not ripe for judicial review. (Tokyo Kikai Seisakusho, Ltd., et al. vs. U.S. et. al. (CAFC 2007-1226,-1227,-1254, decided 06/17/08) available at http://www.cafc.uscourts.gov/opinions/07-1226.pdf)
Surrogate Value of Raw Honey from China in AD Review
In this case on the AD administrative review on honey from China, the CIT considered issues surrounding the use of surrogate values for determining normal value in an antidumping administrative review. The plaintiffs are Zhejiang Native Produce and Animal By-Products Import & Export Group Corp., Jiangsu Kanghong Natural Healthfoods Co., Ltd., and Anhui Honghui Foodstuff (Group) Co., Ltd., and the CIT sustained in part and remanded in part the final results of the subject administrative review. (Zhejiang Native Produce and Animal By-Products I/E Group Corp. et al. vs. U.S. et.al. (CIT Slip Op. 08-68, dated 06/16/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-68.pdf)
Appeals Must be Exhausted Before Party Receives Byrd Distributions
In continuing litigation on the CIT's ruling that the "support" requirement of the Continued Dumping and Subsidy Offset Act of 2000 ("Byrd Amendment") is unconstitutional, the CIT affirmed the International Trade Commission (ITC) and U.S. Customs and Border Protection (CBP) remand determinations, that Chez Sidney qualified for inclusion on the list of producers eligible for Byrd Amendment distributions for FY 2002 and FY 2003, and further upheld CBP's determination not to furnish payment until all appeals in this action have been exhausted. (PS Chez Sidney, LLC vs. ITC, CBP et. al., (Slip Op 08-69, dated 06/17/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op%2008-69.pdf)