Recent Court Cases on International Trade for July 14-16, 2008
The following Court of Appeals for the Federal Circuit (CAFC) and Court of International Trade (CIT) cases on international trade issues were dated or decided during the period of July 14-16, 2008:
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'Functional Test' Needed to Determine if Toy Boxes are Within Scope of AD Order on Wooden Bedroom Furniture from China
Toys 'R' Us, Inc. is challenging the International Trade Administration's scope ruling that four toy boxes made substantially of wood (with slow closing safety hinges, special locking mechanisms or air vents) are included in the scope of the antidumping duty order on wooden bedroom furniture from China. The CIT remanded this issue to the ITA to determine a functional test and to conduct a scope inquiry in accordance with the factors enumerated in 19 CFR 351.225(k)(2). (Toys "R" Us, Inc. v. U.S., Slip Op. 08-79, dated 07/16/08 available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-79.pdf)
Unlawful Premature Liquidation of Entries Subject to AD Administrative Review
This case involves Customs' accidental premature liquidation of four entries that were the subject of an antidumping duty administrative review of certain cut-to-length carbon steel plate from Romania for entries made between August 1, 2003 and July 31, 2004.
Although the CIT declared Customs' premature liquidation unlawful, and granted the domestic plaintiffs declaratory relief, it denied them injunctive relief as they commenced their action well beyond the (then) 90-day period specified in 19 CFR 1514 for the filing of protests. (SSAB North American Division and Nucor Corp. vs. U.S., Slip Op. 08-77, dated 07/14/08 available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Revised%2008-77%20.pdf)
ITC Remand Decision on AD Sunset Review on Solid Urea from Russia/Ukraine
In this case, the CIT had remanded the International Trade Commission to provide a more reasoned analysis of three aspects of its sunset determination that removal of the AD order on solid urea from Russia and Ukraine would likely lead to a continuation or recurrence of material injury. The CIT now affirms the remand determination, finding that substantial evidence supports the ITC's determinations on (1) the impact of third-country barriers on urea exports and (2) the impact of non-subject imports on domestic pricing, and (3) certain conditions of competition in the industry. (Nevinnomyssskiy Azot vs. U.S. et. al. Slip Op. 08-64, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-64.pdf)
CAFC Rules Against VW on Allowance for Vehicles Determined After Liquidation to be Partially Defective
Volkswagon of America, Inc. sought an allowance in the appraised value of automobiles entered and liquidated by U.S. Customs in 1994 and 1995, but later determined by Volkswagon to be partially defective. Volkswagon invoked a Customs regulation, 19 CFR 158.12, as a cause of action independent from the protest procedures in 19 USC 1514 for challenges to appraisals of these allegedly defective imports. Because neither 19 USC 1514 nor Customs' regulations create a cause of action for some defective goods, the CAFC affirmed the grant of summary judgment for failure to state a claim. (Volkswagon of America, Inc. vs. U.S., Decision 2007-1285, decided 07/16/08, available at http://www.cafc.uscourts.gov/opinions/07-1285.pdf)