The Court of International Trade denied a rehearing of a case where it affirmed the International Trade Administration’s rescission of an antidumping new shipper review on wooden bedroom furniture from China (A-570-890). In its request for the new shipper review, plaintiff Marvin Furniture (Shanghai) had told the ITA that its first entries of subject merchandise to the U.S. occurred in June 2011. But after the ITA initiated the review, CBP found earlier entries of subject merchandise from Marvin. Given this new information, the ITA rescinded the new shipper review because Marvin’s review request did not meet the statutory requirements. In its request for rehearing, Marvin argued that the affirmance included several semantic errors, but CIT said Marvin’s assertions were a mischaracterization of the opinion.

Allegheny Steel Corp. and North American Stainless appealed the Court of International Trade’s November dismissal of a challenge to the results of a sunset review that resulted in the 2010 revocation of the antidumping duty orders on stainless steel sheet and strip from Italy, Germany, and Mexico. In its injury determination in the sunset review, the International Trade Commission had said that ThyssenKrupp’s U.S. subsidiary had effectively become part of U.S. industry, and had effective control over imports from affiliates in Italy, Germany, and Mexico. CIT upheld that determination.

Judge William Bryson retired from active service on the Court of Appeals for the Federal Circuit Jan. 6. Bryson has been a member of the court since 1994. He will continue to hear cases as a judge in senior status.

Immigrations and Customs Enforcement deported a man who conspired to illegally ship highly specialized vacuum pump equipment with nuclear applications from the U.S. to Iran, it said. Amirhossein Sairafi was released from federal prison and immediately deported from Chicago via commercial flight, arriving Jan. 4 in Tehran, Iran.

A Florida man pleaded guilty Dec. 27 to scheming to illegally import dinosaur fossils that had been smuggled out of Mongolia and China, said Immigration and Customs Enforcement. Between 2010 and 2012, Eric Prokopi, of Gainesville, Fla., acquired dinosaur fossils from foreign countries and unlawfully transported them to the U.S., misrepresenting the contents of shipments on customs forms, according to the plea, ICE alleged.

The Court of International Trade denied the government’s motion to dismiss, for lack of subject matter jurisdiction, an action brought by Michaels Stores challenging allegedly incorrect antidumping duty assessment instructions sent to CBP by the International Trade Administration. The government argued that Michaels is challenging CBP’s action, so the suit should have been filed under 28 USC 1581(a) customs protest denial jurisdiction. CIT said Michaels was instead challenging the International Trade Administration’s action, considering that the ITA issued the instructions, and said the suit was correctly filed under 28 USC 1581(i) residual jurisdiction as a challenge of the ITA’s administration and enforcement of trade laws.

The U.S. Court of Appeals for the Fourth Circuit declined to hold an en banc review of the court's previous decision against Ancient Coin Collectors Guild (ACCG), which sued CBP over import restrictions. That court in October sided with the Justice Department in a suit filed by the ACCG over the implementation of import restrictions on cultural property from China and Cyprus. The ACCG filed the original suit in the U.S. District Court of Maryland after CBP stopped the 2009 import of coins over violations of the Cultural Property Implementation Act (CPIA). The district court said neither the State Department nor CBP had exceeded their authority.

A waste-recycling company based in Englewood, Colo., and two of its executives, were convicted Dec. 21 of multiple counts of mail and wire fraud, obstruction and environmental crimes related to illegally disposing electronic waste and smuggling, said Immigrations and Customs Enforcement. Executive Recycling Inc. and its officers allegedly defrauded government and businesses by saying that it was disposing of cathode ray tubes (CRT) using Environmental Protection Agency-approved methods in the U.S., while it was actually exporting the waste abroad.

The Court of International Trade rejected plaintiff Tianjin Magnesium International’s request for reconsideration of CIT’s Nov. 21 affirmance of a remand redetermination of the 2008-09 antidumping administrative review of pure magnesium from China (A-570-832). In affirming the remand, CIT had said TMI committed fraud during the AD review in an attempt to obtain lower dumping margins, and continued its misleading conduct during the court case by continuing to argue points that it had failed to exhaust during the review, ordering TMI to pay costs. Despite its failure to comment on the remand redetermination, TMI requested reconsideration because it said it had no opportunity to comment. CIT rejected that argument, noting that the schedule for a response had been extended at TMI’s request. “As a final courtesy, TMI is once again warned that its frivolous conduct is unacceptable and potentially within the scope of the court’s authority to impose sanctions,” threatened CIT.

The Court of International Trade remanded aspects of the 2008-09 antidumping administrative review of tapered roller bearings from China (A-570-601), including the International Trade Administration’s determination that respondent Peer Bearing Company-Changshan’s (CPZ) bearings processed in Thailand are of Chinese origin, and are therefore subject merchandise. The ITA relied on irrelevant criteria in finding the bearings to be of Chinese origin, such as whether the Thai bearings were of the same “class or kind” of merchandise as the Chinese parts, CIT said. The agency also failed to back up its claim that the Thai processing did not add significant value, it said. CIT ordered the ITA to rely only on “criteria relevant to whether the parts exported to Thailand were substantially transformed” in its redetermination.