The Court of International Trade on June 11 sustained the Commerce Department's remand results in an antidumping duty investigation on Indonesian biodiesel after the agency disregarded Indonesian crude palm oil prices when constructing normal value for respondent Wilmar Trading.

The U.S. told the U.S. Court of Appeals for the Federal Circuit on June 10 that the Court of International Trade correctly found that sales between Canada-based Midwest-CBK and its U.S. customers met the requirement of being sold "for exportation into the United States" and thus were properly liquidated using transaction value with a 75.75% "uplift" to the goods' valuation. Goods are meant for export to the U.S. when they are "clearly destined for the United States at the time of the sale," which the goods at issue were, the government said (Midwest-CBK v. U.S., Fed. Cir. # 24-1142).

Customs broker Seko Logistics asked the Court of International Trade on June 7 for expedited briefing in its suit against CBP's suspension of the company from Type 86 filing and the Customs-Trade Partnership Against Terrorism. Seko said greater delay in the case "deprives the requested relief of much of its value" and sets "extraordinary hardship" on the broker (Seko Customs Brokerage v. U.S., CIT # 24-00097).

The Court of International Trade on June 10 signaled that CBP's practice of not notifying companies when they become subject to interim Enforce and Protect Act investigations could give rise to a due process claim should the company sufficiently allege that it suffered "specific enough harm." However, the court found that importer Phoenix Metal failed to allege that harm with enough specificity.

The U.S. Court of Appeals for the Federal Circuit in a June 7 order affirmed the Court of International Trade's decision to sustain the Commerce Department's use of antidumping duty respondent Z.A. Sea Food's (ZASF's) Vietnamese sales to calculate normal value in an AD review on Indian frozen warmwater shrimp. The unanimous order from Judges Alan Lourie, Raymond Clevenger and Todd Hughes was issued without an accompanying opinion.

Judges on the U.S. Court of Appeals for the Federal Circuit heard arguments June 6 in a lumber exporter's case. The exporter is challenging its 2020 cash deposit rate set by a 2019 review after the Commerce Department previously ordered liquidation of its 2019 entries at a lower rate carried over from 2018 (J.D. Irving v. U.S., Fed. Cir. # 23-1652).

Exporter Nanjing Dongsheng Shelf Manufacturing Co. told the Court of International Trade in a June 6 complaint that the Commerce Department abused its discretion when it rejected the company's separate rate certification as untimely in the 2021-22 review of the antidumping duty order on steel racks from China (Nanjing Dongsheng Shelf Manufacturing Co. v. U.S., CIT # 24-00085).

Three motions for judgment were filed at the Court of International Trade June 5 challenging the Commerce Department's 2020-21 review of the countervailing duty order on phosphate fertilizers from Russia (Archer Daniels Midland Company v. U.S., CIT # 23-00239).

Seko Logistics will still pursue its lawsuit challenging CBP's suspension of the company from Type 86 filing and the Customs-Trade Partnership Against Terrorism, despite CBP's conditional reinstatement of the customs broker, according to a June 4 statement from the company. The Chicago-area customs broker and freight forwarder says CBP still hasn’t fully provided its reasons for Seko’s initial suspension.

The Court of International Trade on June 5 sustained some and remanded some of the Commerce Department's surrogate value picks in the 16th review of the antidumping duty order on Vietnamese catfish, covering entries in 2018 to 2019.