Domestic producers of honey, mushrooms, garlic and crawfish sued the U.S. government and multiple import sureties, citing both the failure of the U.S. trade agencies to collect, liquidate and distribute new shipper antidumping duties, and the failure of the sureties for Chinese food product shippers to require and fulfill sufficient bond guarantees. While the appeals court largely upheld a 2010 decision by the CIT dismissing all of the plaintiffs’ claims, the CAFC did overrule the lower court in concluding that the CIT’s jurisdiction could not extend to disputes between the domestic producers and sureties, as they are two non-governmental parties.
The Court of International Trade has ruled that Rack Room Shoes, SKIZ Imports LLC, and Forever 21, Inc., which had challenged the constitutionality of certain tariff provisions of the Harmonized Tariff Schedule (HTS) on the grounds that the tariffs unconstitutionally discriminate by gender and age, did not plausibly demonstrate government intent to discriminate, dismissing the case with prejudice.
The Court of Appeals for the Federal Circuit has affirmed the International Trade Commission’s assessment of civil penalties against Ninestar1 for failure to comply with cease and desist orders and a consent order2 issued in the original investigation of certain ink cartridges and components thereof (337-TA-565).
House Ways and Means Committee Chairman Camp (R-MI) has issued a statement welcoming the decision by the Court of Appeals for the Federal Circuit to grant an extension for filing a rehearing request in the ongoing litigation about the application of the countervailing duty laws to non-market economies (NMEs) such as China. Camp stated that the Administration must pursue all available legal avenues to overturn the underlying decision, which he believes was wrongly decided.
The World Trade Organization has circulated a January 17, 2012 communication from the delegations of China and the U.S. regarding implementation of the WTO Appellate Body's ruling (DS379) against the U.S.' practice of "double counting" China's subsidies in antidumping and countervailing investigations for certain products from China. The countries have mutually agreed to extend the "reasonable period of time" for implementation, which was originally set to expire on February 25, 2012, to April 25, 2012.
Domestic furniture producers Ethan Allen Global, Inc. and Ethan Allen Operations, Inc. sued to gain a share of duties collected under the Continued Dumping and Subsidy Act of 2000 (“Byrd Amendment,” or “CDSOA“), but the court dismissed their complaints.
In a remand investigation, the International Trade Commission has determined that since there is a violation of section 337 of the Trade Act of 1930 by respondents Bourdeau Bros., Inc., Sunova Implement Co., and OK Enterprises, it has reinstated the general exclusion order for certain imported self-propelled forage harvesters (SPFHs) and the cease and desist orders against Bourdeau and OK Enterprises and certain other firms that it had issued in its original investigation. The ITC has also terminated the investigation. (337-TA-487)
Domestic producer of antifriction bearings (AFBs) Schaeffler Group USA, Inc. brought legal actions seeking a share of duties collected under the Continued Dumping and Subsidy Act of 2000 (Byrd Amendment, or CDSOA). In the 1988 investigation by the International Trade Commission that led to the AD duty order on AFBs from Germany, France, Italy, Japan, Sweden, Romania, Thailand, Singapore, and the U.K., Shaeffler responded to the ITC’s questionnaire, but declined to indicate to the ITC that it supported the AD petition.
U.S. Trade Representative Kirk and Commerce Secretary Bryson sent a letter to the Senate Finance Committee warning that without new legislation, the International Trade Administration (ITA) will soon be forced to revoke its 24 existing countervailing duty (CVD) orders on imports from China and Vietnam and halt five similar pending investigations. The officials state that a legislative solution is needed to address the recent appeals court ruling against ITA’s five year old practice of imposing CVDs on subsidized imports from countries with non-market economies (NMEs) like China and Vietnam.
The Court of International Trade has upheld the results of a remand order from the Court of Appeals for the Federal Circuit, in which the International Trade Commission determined anew that imports of lightweight thermal paper (LWTP) from Germany threaten the domestic industry with injury.