Importers Struxtur and Evolutions Flooring will appeal a Court of International Trade case on the 2016-17 review of the antidumping duty order on multilayered wood flooring from China. The trade court sustained the Commerce Department's decision to weight average zero percent and adverse facts available antidumping duty rates to set the AD rate for the non-individually examined respondents (see 2409180044). CIT previously remanded Commerce's decision to use a simple average of the zero and AFA rates, instructing the agency to use a weighted average of the rates. The result was a 31.63% AD rate for the separate rate companies. Importers Wego International Floors, Galleher Corp. and Galleher LLC already filed their notice of appeal in the case (see 2411120038) (Fusong Jinlong Wooden Group Co. v. U.S., CIT Consol. # 19-00144).
Canadian lumber exporter J.D. Irving urged the U.S. Court of Appeals for the Federal Circuit to reconsider its rejection of the company's attempt to challenge the denial of an antidumping duty cash deposit rate under Section 1581(i), the Court of International Trade's "residual" jurisdiction. Filing a petition for panel rehearing and rehearing en banc, J.D. Irving said the appellate court's decision is "grounded on a fundamental misunderstanding of the law and fact" related to its claim (J.D. Irving v. United States, Fed. Cir. # 23-1652).
CBP properly found that importer Skyview Cabinet USA evaded the antidumping and countervailing duties on wooden cabinets and vanities after correcting a due process violation in the evasion proceeding, the Court of International Trade held on Nov. 27. Judge Stephen Vaden said that the court already found the evasion finding sufficient and that Skyview didn't advance any new evidence or arguments after the due process-related remand.
Laura Perkins, former assistant chief of the Foreign Corrupt Practices Act Unit at DOJ, has joined Cadwalader Wickersham as a partner, the firm announced. Perkins worked at DOJ from 2007 to 2015 and was most recently a lawyer with Hughes Hubbard.
Amin Betuni of Palos Hills, Illinois, was sentenced to nearly four years in prison for illegally exporting firearm parts to Israel, the U.S. Attorney's Office for the Northern District of Illinois announced. Betuni pleaded guilty to shipping firearm parts, including rifle barrels, gas blocks for rifles and bolt carrier groups, to individuals in Israel "on at least three occasions in 2022," the U.S. Attorney's Office said.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade allowed tomato exporters NS Brands and Naturesweet Invernaderos to intervene in a case challenging the 1996 antidumping duty investigation on Mexican tomatoes, despite the request for intervention coming five years too late. Judge Jennifer Choe-Groves held that the exporters, collectively referred to as NatureSweet, showed good cause for intervention, due to the unorthodox nature of the appeal, and properly articulated the basis for its intervention.
President-elect Donald Trump will most likely either turn to the International Emergency Economic Powers Act (IEEPA) or Section 301 of the Trade Act of 1974 to impose his recently announced tariffs on Canada, Mexico and China, said trade lawyers interviewed by Trade Law Daily. Though much remains unknown about how Trump will impose these tariffs, the president-elect may turn to the two broad statutes to impose the tariffs to accomplish his stated goals of curbing the flow of migrants and fentanyl into the U.S.
Maliha Khan, a former Commerce Department compliance analyst, has joined Schagrin Associates as an associate attorney, the firm announced. Khan worked as an international trade compliance analyst in Commerce's International Trade Administration from 2016 to 2020, then joined Kelley Drye as a trade attorney.
The World Trade Organization's dispute settlement body on Nov. 25 agreed to establish a dispute settlement panel to review Colombia's compliance with an earlier ruling finding its antidumping duties on frozen fries from Belgium, Germany and the Netherlands violated WTO rules (see 2411140017).