Recent Court Cases on International Trade for November 24 - December 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, decided, or posted during the period of November 24 - December 16, 2008:
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CIT's Ruling on 100% Duties on EC Toasted Bread Upheld
This case concerns an importer's complaint that U.S. Customs and Border Protection (CBP) has no legal authority to continue to collect the 100% duties (HTS 9903.02) assessed on imports of toasted breads from Spain due to the U.S. - E.C. Beef Hormone dispute. In a third ruling on this issue, the CAFC upheld the CIT's decision that the USTR had satisfied both the first and second carousel exceptions, and as a result, did not have to change the list of products subject to the 100% duties. (Gilda Industries vs. U.S., CAFC No. 2008-1344, decided 11/24/08, available at http://www.cafc.uscourts.gov/opinions/08-1344.pdf)
ITA Decision to Use Invoice Date as "Date of Sale" in AD Final Results on Steel from Thailand Again Remanded
The CIT has remanded for the second time the International Trade Administration's (ITA's) decision to use the date of invoice rather than the date of contract as the "date of sale", in the 2007 final results of administrative review of certain hot-rolled carbon steel flat products from Thailand with respect to Nakornthai. According to the CIT, the ITA has again failed to make a reasoned finding with respect to Nakornthai's specific evidence. (Nakornthai Strip Mill Public Company Limited v. U.S. et al., Slip Op. 08-128, dated 11/24/08 available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op.%2008-128.pdf)
CAFC Upholds CIT in AD Japan Bearing Case on Model-Match Method and Zeroing
In this case, the CAFC upheld the ITA's revised model-match methodology and use of "zeroing" with respect to the 15th antidumping duty administrative review on ball bearings and parts from Japan. The revised methodology results in more individual matches and a reduced need to use constructed prices. (Koyo Seiko Co., Ltd. et al. v. U.S. et al., No.'s 2007-1556, -1557, -1558, 2008-1038, dated 12/16/08, available at http://www.cafc.uscourts.gov/opinions/07-1556.pdf)
CAFC Agrees with CIT on AD Case Involving Steel Wire Rod from Trinidad and Tobago
The CAFC has upheld a CIT decision which affirmed the ITA's determination that Mittal Steel Point Lisas Limited's composite rod is "non-prime" merchandise for purposes of the AD order on steel wire rod from Trinidad and Tobago. (Mittal was formerly known as Caribbean Ispat Limited and is now known as Arcelormittal Point Lisas Limited.) (Mittal Steel Point Lisas Limited v. U.S. et al., No.'s. 2008-1040, -1054, decided 12/03/08, available at http://www.cafc.uscourts.gov/opinions/08-1040.pdf)
CIT Agrees With ITA that China Bearings Firm Subject to "Adverse Inferences" AD Rate
The CIT has sustained the ITA's decision that Peer Bearing Company - Changshan (CPZ) merited the higher "adverse inferences" antidumping duty rate in the final results of the 2005-2006 administrative review for tapered roller bearings and parts from China, as it had failed to provide information rebutting the presumption of state control. The CIT also ruled that the rate selected as the China-wide entity rate was sufficiently corroborated and was not punitive. (Peer Bearing Company - Changshan v. U.S. et al., Slip Op. 08-134, dated 1208/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-134.pdf)