Recent Court Cases on International Trade for October 8 - 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, or posted during the period of October 8 - October 17, 2008 (certain other dates are also included):
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CAFC Can't Hear Surety Case on Byrd Amendment as No Protest Filed
In this case, Hartford alleged that its bond was unenforceable because the Byrd Amendment (aka Continued Dumping and Subsidy Offset Act of 2000) altered the distribution of collected duties, and it was not obligated to pay a subsidy to the U.S. domestic industry. However, the CAFC agreed with the CIT, and ruled that the seminal issue was jurisdictional, and that it had no jurisdiction to hear the case as Hartford failed to file an administrative protest to a demand for payment on a surety bond. (Hartford Fire Insurance Company v. U.S., No. 2008-1071, dated 10/08/08, available at http://www.cafc.uscourts.gov/opinions/08-1071.pdf)
CIT Reliquidates Entries to Provide Relief to Importer in Light of Gov't Errors
The CIT granted the request of Agro Dutch Industries Ltd. to amend the effective date of an injunction in order to reliquidate additional entries that had been liquidated prematurely at an erroneous rate. The CIT's action provided relief to the importer of record who "faces Customs bills totaling many times greater than its total corporate assets." (Agro Dutch Industries Limited, Slip Op. 08-110, dated 10/17/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-110.pdf)
ITC Sunset Review Decision to Continue AD Orders on Ball Bearings from Japan, UK Remanded
In this case, NSK Corporation, NSK Ltd., NSK Europe Ltd., JTEKT Corporation, and Koyo Corporation of U.S.A. challenged the ITC's sunset review decision to continue the antidumping duty order on ball bearings from Japan and the United Kingdom. The CIT ruled that the ITC must reconsider its impact analysis on remand. The CIT also ruled that the ITC must provide a more comprehensive discussion of supply conditions and must evaluate the impact of non-subject imports on the domestic industry. As these determinations may influence the ITC's likely impact analysis, the CIT's decision on this issue must await the ITC's remand results. (NSK Corporation, et al. v. U.S., et al., Slip Op. 08-95, dated 09/09/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-95.pdf)
CIT Upholds ITA in Use of Adverse Facts Rate and Cap, in AD Review of Polyethylene Retail Carrier Bags from Thailand
In this case concerning the final result of the January 26, 2004 - July 31, 2005 AD administrative review of polyethylene retail carrier bags from Thailand, King Pac Industrial Co., Ltd., Polyethylene Retail Carrier Bag Committee, Hilex Poly Co., LLC, and Superbag Corporation challenged the use of an adverse facts available rate of 122.88% for King Pac and the ITA's application of the provisional measures cap to King Pac's entries. The CIT upheld the ITA on both issues, ruling that the adverse facts available rate was sufficiently corroborated and that the ITA properly applied the provisional measures cap. (Universal Polybag Co., LTD, et al. v. U.S., et al. Slip Op. 08-88, dated 08/28/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/slip%20op%2008-88%20%5bPUBLIC%20VERSION%5d.pdf)