On May 15, the Foreign Agricultural Service posted the following GAIN reports:
The Foreign Trade Zones Board issued the following notices for May 16:
JTEKT North America, successor to Koyo Corporation, appealed the Court of International Trade’s March 13 denial of Koyo’s bid for funds under the Continued Dumping and Subsidization Offset Act (also known as the Byrd Amendment). Koyo, a domestic tapered roller bearing manufacturer, had said it should receive duties collected pursuant to various antidumping duty orders on tapered roller bearings. CIT said Koyo’s constitutional arguments were identical to those raised in Pat Huval v. U.S. (see 12031204). Just as in Pat Huval, the court dismissed all of Koyo’s claims as foreclosed by precedent (see 13031429).
A Chinese company appealed a decision by the Court of International Trade affirming the Commerce Department’s ability to impose countervailing duties on non-market economy countries, as well as its affirmative subsidy determinations for inputs at less-than-adequate remuneration (LTAR) from state-owned enterprises (see 13031404). The court had denied Guangdong Wireking’s broad constitutional challenge to CV duties on NMEs based on recent precedent approving the practice. Wireking’s other challenge on whether state-owned enterprises are “government authorities” that can bestow subsidies failed on the misunderstanding that “government authorities" have to exercise state authority. Instead, they just have to be owned by the government, CIT said.
Chemsol and MC International appealed the March 20 dismissal by the Court of International Trade of its challenge to CBP’s extensions of the liquidation deadline for its entries in the context of an investigation of antidumping and countervailing duty evasion (see 13032104). Plaintiffs Chemsol and MC International argued that the investigation was inactive because CBP and ICE had not requested new information from the companies, and so CBP was unjustified in its extensions. But the court said CBP was within its rights to extend the liquidation deadlines, because the investigation was active in that CBP was seeking information elsewhere. CBP isn’t restricted to seeking more information only from the investigated companies, it said.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website May 15, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at addcvd.cbp.gov. (CBP occasionally adds backdated messages without otherwise indicating which message was added. ITT will include a message date in parentheses in such cases.)
The Court of International Trade denied Tenacious Holdings’ motion to dismiss a government penalty claim against it related to negligent misclassification of entries. Tenacious said the government should have brought its penalty action as part of the ongoing classification challenge related to the entries. But the court found that, given the idiosyncrasies of case filing procedures at CIT, requiring penalty actions to be filed as counterclaims in classification cases could have the perverse effect of allowing defendants in those penalty actions to run out the statute of limitations.
Mexico's Diario Oficial of May 15 lists notices from the Secretary of the Economy as follows:
The Drug Enforcement Administration temporarily added three synthetic cannabinoids to Schedule I of the Controlled Substances Act. DEA had proposed the addition in April (see 13041226). The final order is effective May 16, and will be in effect for up to three years.
The Alcohol and Tobacco Tax and Trade Bureau issued a final rule adding a Pisco standard of identity. Effective July 15, pisco from Peru and Chile will be allowed to be identified as such on labeling, without including the term “brandy” on the label, provided it is manufactured according to the laws and regulations of those countries. In return, Peru and Chile will recognize Bourbon Whiskey and Tennessee Whiskey as distinctive products of the United States.