Recent Court Cases on International Trade for August 5-26, 2008

ITA's Zeroing Practice/AD Model-Match Method for Ball Bearings from France

The CAFC has upheld the International Trade Administration's zeroing practice (in which dumped sales are not completely offset by non-dumped sales) and its new model-match method as applied to the 14th antidumping administrative review of ball bearings and parts thereof from France. With respect to zeroing, the CAFC stated that it will not overturn the ITA's zeroing practice due to a WTO ruling unless such ruling is reflected in statute. (SKF, USA Inc., et al. v. U.S., et al., CAFC 2007-1502, decided 08/25/08, available at http://www.cafc.uscourts.gov/opinions/07-1502.pdf)

Duty Allowance for Autos Claimed to be Defective at Time of Importation

This case concerns claims for a reduction of the appraised value of imported cars for repairs made to correct defects at the time of importation, pursuant to 19 CFR 158.12. The CAFC ruled that (1) the courts had no jurisdiction over repairs made after the protest date, (2) for repairs made before the protest date, (i) certain protests were not valid as the repairs were not sufficiently described, and (ii) other protests relating to government recall notices were either valid or remanded to the CIT. (Volkswagon of America, Inc. v. U.S., CAFC 2007-1518, decided 08/22/08, available at http://www.cafc.uscourts.gov/opinions/07-1518.pdf)

ITC AD Sunset Reviews on Polyester Staple Fiber from Korea, Taiwan

The CIT upheld the International Trade Commission's sunset review determination that revocation of the AD duty orders on polyester staple fiber from Korea and Taiwan would likely lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. The plaintiffs had challenged, among other things, the ITC's "refusal to conduct a thorough and impartial investigation" of the scope and effect of an alleged price-fixing conspiracy amongst the domestic industry. (Consolidated Fibers, Inc., et al. v. U.S., dated 07/22/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-80%20public.pdf)

ITC's Five-Year Review Revoking AD Orders on OCTG from 5 Countries

In this case, the CIT sustained the ITC's second five-year sunset review which revoked the AD duty orders on oil country tubular goods (OCTG) from Argentina, Italy, Japan, Korea, and Mexico. U.S. Steel had challenged the ITC's determination to cumulate only the Argentina, Italy and Mexico AD orders, rather than the AD orders of all five countries, etc. (U.S. Steel Corporation, et al. v. U.S. et al. Slip Op. 08-82, dated 08/05/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-82.pdf)

ITC's Final AD Injury Determination on Polyester Staple Fiber from China

The CIT has upheld the ITC's final AD duty injury determination on certain polyester staple fiber from China, where the ITC collapsed the pricing of such fiber made from regenerated or recycled materials, with such fiber made from virgin materials. (Consolidated Fibers, Inc. et al. v. U.S. et al., Slip Op. 08-85, dated 08/20/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op%2008-85.pdf)

ITA's Final AD Determination on Frozen Warmwater Shrimp from Thailand

The CIT has again remanded the ITA's AD determination on certain frozen warmwater shrimp from Thailand, stating that the ITA did not comply with the court's remand instructions because the constructed value profit rate for Thai-Mei was not determined according to a "reasonable method" as required by statute. (Thai I-Mei Frozen Foods Co., Ltd. v. U.S., Slip Op. 08-86, dated 08/26/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-86.pdf)