In Canadian Wheat Board, et al. v. U.S., the Court of Appeals for the Federal Circuit affirmed a Court of International Trade decision that the U.S. government cannot retain unliquidated antidumping and countervailing duties that were deposited prior to the revocation of an AD or CV duty order, and that the duty depositors are entitled to a return of those duties.
Following the second remand results in the antidumping duty administrative review of fresh garlic from China for the period November 2001 - October 2002, Jinan Yipin Corporation contested the International Trade Administration’s cardboard and labor surrogate values and alleged other errors, while the ITA requested a voluntary remand to revise the value to conform with an appeals court ruling that found the ITA’s prior method of calculating Chinese labor costs to be illegal. The Court of International Trade denied Jinan Yipin’s complaints and upheld the ITA’s remand results methodologies, but granted the ITA a voluntary remand to revise labor costs. (See ITT’s Online Archives or 11/09/09 news, 09110935, for BP summary of second remand decision. See ITT’s Online Archives or 05/19/10 news, 10051935, for BP summary of the CAFC decision overturning ITA’s use of certain labor cost values.) (Slip Op. 11-36, dated 04/12/11)
Respondents challenging the International Trade Administration’s application of parallel antidumping and countervailing duties, in the AD and CV investigations of magnesia carbon bricks from China and Mexico, had asked the Court of International Trade to stay proceedings in their action pending an expected ruling on the issue from the Court of Appeals for the Federal Circuit. Noting that it has already held the practice of applying simultaneous AD and CV duties to be impermissible, the CIT agreed to stay and consolidate the multiple plaintiffs’ actions until the CAFC rules on the CIT’s decision in GPX International Tires et. al v. U.S. (See ITT’s Online Archives or 08/09/10 news, 10080911, for BP summary of CIT's ruling in GPX International Tire Corp. et al v. U.S., disallowing the ITA’s simultaneous application of AD and CV duties.) (Slip Op. 11-38, dated 04/14/11)
The Court of Appeals for the Federal Circuit has ruled in StoreWALL, LLC, v. U.S., that plastic home organization and storage systems designed to be hung or fixed to the wall that provide end users with the option to add or subtract accessories, are classifiable as unit furniture under HTS 9403.90.50 (duty-free), and not in Chapter 39, even if the only components at issue are wall panels and locator tabs (mounting hooks) without any other accessories.
The International Trade Commission has determined to rescind in part the limited exclusion order issued in its patent-based investigation of certain ground fault circuit interrupters and products containing same (337-TA-615) for two respondents.
On February 14, 2011, the Court of Appeals for the Federal Circuit issued a decision upholding the calculation methods of the International Trade Administration in a court remand over an antidumping administrative review of circular welded carbon steel pipes and tubes from Thailand for the period March 2006 - February 2007 (the decision upheld the ITA’s accounting for duty drawbacks on imported components, among other issues). Subsequently the parties to the litigation filed motions to proceed with liquidation of the merchandise, indicating no party intended to appeal the matter further. However, the Court of International Trade ruled that it could not modify the injunction against liquidation that is still in place, until the CAFC formally issues its mandate. (See ITT’s Online Archives or 02/18/11 news, 11021817, for BP summary of CAFC decision upholding duty drawback adjustments for Saha Thai.) (Slip Op. 11-29, dated 03/22/11)
In Ford Motor Company v. the U.S., the Court of Appeals for the Federal Circuit reversed a CIT decision, ruling that so long as an importer's claim for post-entry duty refunds for NAFTA preferential treatment of imports was timely filed within one year of importation, the Court of International Trade has jurisdiction to consider whether Customs should accept Ford’s late-filed NAFTA Certificates of Origin.
The International Trade Administration is requesting comments on the means by which it can best capture the cost of labor in its wage rate methodology in antidumping proceedings involving China or other non-market economy (NME) countries.
The International Trade Commission has determined to temporarily rescind its exclusion order and cease and desist (CD) order in its Section 337 patent-based investigation of certain composite wear components and products containing the same (337-TA-644), pending resolution of the validity of the patent.
In an investigation of light-weight thermal paper (LWTP) from Germany, the International Trade Commission determined that imports from Germany of 48 gram-per-square meter LWTP threatened the domestic industry with material injury even though the ITA, in its parallel price investigation, found that the 48 GSM size roll was not being dumped (the ITA calculated an average dumping margin of 6.5% across all roll sizes). The CAFC ruled that the ITC erred in denying a request by the German exporter Papierfabrik August Koehler AG to consider the dumping margins calculated by ITA for its various sizes of LWTP rolls, since the ITC’s threat determination did not align with sales and import volume trends in the various roll-size categories. The court remanded the case to the Court of International Trade for return to the ITC. (Appeal Number 2010-1147, dated January 11, 2011)