Recent Court Cases on International Trade for September 16-18, 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, or posted during the period of September 16-18, 2008:
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Certain Laminated Floor Panels are Not Classified as Tileboard
The CIT agreed with CBP and ruled that certain laminated floor panels are not tileboard, and should therefore be classified under the 'basket' provision HTS 4411.19.40 (6%), rather than as tileboard under HTS 4411.19.30 (duty-free). (Witex, U.S.A. Inc. et al. v. U.S., Slip Op. 08-99, decided 09/18/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-99.pdf)
ITA's Mixed Wax Candle AD Circumvention Determination Remanded
In this case, the petitioners challenged the ITA's determination that petroleum wax candles with 50 percent or more palm or other vegetable-oil based waxes ("mixed-wax") are later-developed merchandise which circumvent the antidumping duty order on petroleum wax candles from China. The CIT ruled that it could not sustain the ITA's later-developed merchandise determination for mixed wax candles and remanded it to the ITA for further consideration. (Target Corp. v. U.S., Slip Op. 08-101, dated 09/18/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip-Op%2008-101.pdf)
Case Involving the Incorrect Liquidation of AD Entries at the "All Others" Rate Dismissed Due to Filing Errors
In this case involving AD administrative reviews on canned pineapple fruit from Thailand, the importer Unipro challenged CBP's liquidation of entries at the higher antidumping "All Others" rate, rather than the individual company rate calculated in two AD administrative reviews. However, the CIT did not have jurisdiction over the matter as the importer improperly filed under 19 USC 1581(a), and when it later filed under 19 USC 1581(i), it did not file its summons and complaint concurrently as required. (Unipro Foodservice Inc. v. U.S., Slip Op. 08-98, dated 09/17/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op%2008-98.pdf)
Second AD Remand Results for Preserved Mushrooms from China Upheld
In this case, the CIT upheld the ITA's second remand results which recalculated its 198.63% adverse facts rate (for non-cooperation) for Gerber Food and Green Fresh to a rate of 121.33% (a modified adverse facts rate) for Gerber and a rate of 31.55% (a weighted average rate) for Green Fresh in the third administrative review of the antidumping duty order on preserved mushrooms from China. (Gerber Food (Yunnan) Co., Ltd. and Green Fresh (Zhangzhou) Co., Ltd. v. U.S. et al., Slip Op. 08-97, dated 09/16/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-97.pdf)
ITA's Rejection of Suggested 5th AD Model Match Methodology Criterion for Wire Rod from Sweden Upheld
In this case involving the AD order on stainless steel wire rod from Sweden, the CIT upheld the ITA's decision to relect plaintiff Fagersta Stainless AB's request that it modify its existing model-match methodology by adding an additional product criterion - electro-slag refining. (Fagersta Stainless AB, v. U.S. et al. dated 08/28/08, opinion posted 09/17/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op%2008-87%20(Pub.).pdf)