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)
The Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC) made, or made public, the following antidumping and countervailing duty law determinations in the first half of December 2010.
The International Trade Commission has modified the limited exclusion order and two cease and desist orders regarding certain digital televisions and certain digital products containing the same and methods of using the same, to reverse certain findings of infringement by “work-around” products.
In Ford Motor Company v. U.S., the Court of International Trade denied Ford’s protest of U.S. Customs and Border Protection’s refusal to refund harbor maintenance taxes1 that Ford allegedly paid on post-July 1, 1990 exports2. The CIT stated that Ford had not provided sufficient supporting documentation in its claim for a refund of the HMT.
On December 6, 2010, the Court of Appeals of the Federal Circuit affirmed the Court of International Trade’s determination that the government owed Horizon Lines, LLC a refund for duties imposed on certain work performed on the ocean carrier Hawaii while the ship was overseas.
The International Trade Administration is amending the final results of the AD duty administrative review for wooden bedroom furniture from China (A-570-890) for the review period of January 1, 2007, through December 31, 2007.
The Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC) made the following antidumping and countervailing duty law determinations in the second half of October 2010.
The Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit (CAFC) made the following antidumping and countervailing law determinations, or released the public versions of such, in the first half of October 2010.
On October 13, 2010, the Court of Appeals for the Federal Circuit affirmed the lower court's ruling that the beef hormone 100% retaliatory duties assessed against certain toast imports of Gilda industries had terminated by operation of law on July 29, 2007.
The International Trade Administration has published two "Timken"1 notices stating that recent Court of International Trade rulings are not in harmony with the ITA's amended final AD and final CV duty determinations on certain new pneumatic off-the-road (OTR) tires from China (A-570-912 and C-570-913).