Recent Court Cases on International Trade for October 20 - 22, 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 20 - October 22, 2008 (certain other dates are also included):
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Additional AD/CV Duties on Canadian Wheat Should be Refunded
In this case, the Canada Wheat Board sought to compel liquidation, without the imposition of antidumping (AD) and countervailing (CV) duties, of certain entries of Canada hard red spring wheat, as the AD and CV orders duty affecting such wheat had been invalidated. (Although the International Trade Administration (ITA) had revoked the orders, it determined not to refund such duties in their entirety.) Among other things, the CIT agreed with the Canada Wheat Board that all the AD and CV duty deposits for its entries, made while the invalid AD/CV orders were in place, should be returned. (Canadian Wheat Board et al., Slip Op. 08-112, dated 10/20/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-112.pdf)
No Jurisdiction to Hear Case on Revocation of AD Order on CORE from Canada
In this case, the importer contests the effective date of the second sunset review's revocation of the antidumping duty order on corrosion-resistant carbon steel flat products (CORE) from Canada, stating that the effective date should be September 26, 2000, and not December 15, 2005. Among other things, the CIT ruled that it did not have jurisdiction to hear the case under 28 USC 1581(i). (Parkdale International Ltd., v. U.S. et al., Slip Op. 08-111, dated 10/20/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-111.pdf)
ITA Remand Result that a Welding Cart is Not within Scope of AD Order on Handtrucks from China Sustained
The CIT has sustained the ITA's remand results that Central Purchasing, LLC's welding cart model 43615 is not within the scope of the AD duty order on certain hand trucks from China, as its projecting edge was not capable of sliding under a load. (Gleason Industrial Products, Inc. et al. v. U.S. et al., Slip Op. 08-115, dated 10/22/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-115.pdf)
Valuation Issue for AD Order on Brake Rotors from China Remanded
In this case, Longkou Haimeng Machinery Co., Ltd.; Laizhou Auto Brake Equipment Company; Laizhou Hongda Auto Replacement Parts Co., Ltd.; Laizhou Luqi Machinery Co., Ltd.; Qingdao Gren (Group) Co. and Longkou TLC Machinery Co., Ltd. contest four aspects of the ITA's final AD duty determination on brake rotors from China, with the CIT remanding one aspect regarding the valuation of pig iron. Specifically, the CIT is remanding on plaintiffs' argument that Sorelmetal is fundamentally different from the pig iron consumed by respondents and cannot be used in the production of subject brake rotors; or alternately (ii) whether pig iron imports into India under HTS 7201.1000 are the best available information for valuing the pig iron consumed by plaintiffs in the production of subject brake rotors. (Longkou Haimeng Machinery Co., Ltd., et al. v. U.S. et al. Slip Op. 08-114, dated 10/21/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op%2008-114.pdf)