Eagle Metals Distributors and Evergreen Solar appealed the Court of International Trade’s November decision affirming the all others rate from the countervailing duty investigation of aluminum extrusions from China. Eagle and Evergreen, two U.S. importers, had challenged the International Trade Administration’s calculation of the all others rate relying all available subsidy programs in China and 100% usage of those programs. On remand, CIT affirmed the ITA’s reliance of only some subsidy programs. The court also affirmed the usage rates for the subsidy programs, despite objections from Eagle and Evergreen, among others, that such high usage rates weren’t realistic.

R.T. Foods appealed a Harmonized Tariff Schedule classification case that resulted in its tempura battered vegetables being classified as vegetable preparations, dutiable at 11.2 percent, instead of as duty-free food preparations. The Court of International Trade said "vegetable preparations" specifically describes the product, which means it can’t fall into the “other” food preparations category. CIT’s ruling only applied to three of the 24 entries R.T. Foods had challenged, because the company waited too long to file its court challenge of 10 entries for which protests were denied, and lacked standing to challenge another 11 entries on constitutional grounds.

Samsung International appealed a Nov. 21 Court of International Trade ruling that its plasma screen televisions imported from Mexico were not eligible for NAFTA duty-free treatment. CBP had found, and the court agreed, that a part of the televisions were flat panel screen assemblies, which are not covered by any NAFTA tariff-shift rule of origin.

The Court of International Trade dismissed JSC Acron’s challenge of the International Trade Administration’s refusal to conduct an antidumping changed circumstances review of solid fertilizer-grade ammonium nitrate from Russia (A-801-811). Acron requested the review to change its AD rate from the 253.98 percent Russia-wide entity rate, assigned while the ITA still considered Russia to be a non-market economy, to an individual market economy rate. After the ITA refused its request, Acron challenged the determination at CIT under 28 USC 1581(i) residual jurisdiction. But CIT said the ITA’s action couldn’t be challenged under Section 1581(i) because residual jurisdiction only applies when no other remedies are available, and Acron could have instead requested an administrative review.

The Court of International Trade ruled that Customs correctly classified plaintiff The Pomeroy Collection’s decorative glass “pillar plates,” floor-, and wall-mounted vessels, designed for use as candle holders, as “Glassware of a kind used for . . . indoor decoration or similar purposes” under Harmonized Tariff Schedule heading 7013, dutiable at 4.3 to 18 percent. Pomeroy had attempted to argue that the merchandise was classifiable under heading 9405 (“Lamps and lighting”), or alternatively, heading 9403 (“Other furniture and parts thereof”), both of which enter duty-free from Mexico. CIT said heading 9405 did not apply because the merchandise was not shipped with candles and was not specifically designed to hold candles. Heading 9403 didn’t apply because the goods were decorative, not utilitarian, CIT said.

The Court of International Trade sustained a remand redetermination of the 2008-09 antidumping duty administrative review of polyethylene terephthalate film, sheet, and strip from China (A-570-924). At issue in the remand was the International Trade Administration’s choice of surrogate data to value polyethylene terephthalate chips used by Fuwei Films to produce its film, among other issues. DuPont challenged the remand, but the court found the company’s arguments unavailing because they had earlier argued opposite positions. As a result of the remand, Fuwei Films’ AD rate for the 2008-09 review fell to 0.27 percent, and Green Packing’s to zero.

Three Seattle-area men, a Chinese man, and two companies from the U.S. and China were indicted Jan. 17 for conspiracy to traffic in counterfeit goods, said Immigration and Customs Enforcement. U.S.-based ConnectZone.com, an electronics distributor, as well as its owner Daniel Oberholtzer, sales manager Warren Lance Wilder, and production manager Edward Vales, 31, are alleged to have sold counterfeit network products bearing the trademark of Cisco Systems through their online store, ICE said. They falsely advertised the knockoffs as genuine and offered them for sale at a much lower price than genuine Cisco products, it alleged.

The Court of International Trade remanded the final results of the final results of the 2009-10 antidumping duty administrative review of pure magnesium from China (A-570-864), because the International Trade Administration improperly rejected a late submission alleging fraud. While the ITA has the power to enforce its deadlines, CIT said, fraud allegations are a special circumstance. CIT also remanded for further consideration the ITA’s selection of three surrogate values, including two on voluntary remand.

C.H. Robinson appealed the Court of International Trade’s November ruling finding the company liable for over $100,000 in unpaid duties, plus pre- and post-judgment interest, on wearing apparel from China entered for transportation and exportation (T&E) to Mexico but allegedly diverted into U.S. commerce. In the appealed opinion, CIT did not allege C.H. Robinson was party to the diversion scheme, but found that as carrier C.H. Robinson was liable for payment of the duties. C.H. Robinson provided proof of arrival at the port of exportation, but could not prove actual exportation of the merchandise after a CBP investigation indicated the merchandise was missing.

A Pennsylvania man was sentenced to 42 months in prison Jan. 17 for violations of the International Emergence Economic Powers Act, said the Department of Justice. Timothy Gormley failed to get Bureau of Industry and Security licenses for controlled items, and falsified documents to make it appear that he had obtained the required authorizations. According to DoJ, Gormley said he was swamped at work and too busy to go through the licensing process.