The Commerce Department is amending the Oct. 25, 2021, final determination in an antidumping duty investigation on polyester textured yarn from Indonesia (A-560-838), based on the final decision, handed down last month in an Oct. 11 Court of International Trade case challenging those final results. Commerce calculated a revised antidumping duty rate for one respondent, PT. Asia Pacific Fibers Tbk, changing it from 26.07% to 9.2%. This rate change also affected the "all-others" rate in the investigation, which moved higher, from 7.47% to 8.72%.
CBP has released its Nov. 6 Customs Bulletin (Vol. 58, No. 44), which includes the following ruling action:
The following lawsuits were filed at the Court of International Trade during the week of Oct. 28 - Nov. 3:
The Court of International Trade rejected importer Retractable Technologies' bids for a temporary restraining order and preliminary injunction stopping the collection of Section 301 duties on its needles and syringes. However, in a decision made public Nov. 4, Judge Claire Kelly did stop liquidation of Retractable's entries during the course of the company's suit, which challenges the legality of a Section 301 rate hike on needles and syringes.
CBP has released its Oct. 30 Customs Bulletin (Vol. 58, No. 43), which includes the following ruling actions:
Watches that have case backs set with watch glass made of nonprecious materials -- such as synthetic sapphire -- are not considered to have cases made "wholly" of precious metal and are classified differently than watches that do, the Court of International Trade ruled Nov. 1. The holding came as a watch importer’s motion for judgment in a 2018 case wound up being denied, and the government’s was granted, by CIT Judge Jane Restani.
The Transportation Department doesn't have "vested authority" to determine whether to admit entries of goods based on whether they comport with federal safety standards, the Court of International Trade held on Oct. 30. Judge Lisa Wang said that, as a result, CBP has the relevant admissibility authority and the trade court can hear the case.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 21-27:
The Court of International Trade on Oct. 28 denied importer Retractable Technologies' motion for a temporary restraining order and preliminary injunction against the collection of certain Section 301 tariffs, though the court granted the company's motion for a preliminary injunction enjoining liquidation of its entries during the course of litigation. Judge Claire Kelly issued the confidential decision, giving the parties until Nov. 1 to review any confidential information in the opinion (Retractable Technologies v. U.S., CIT # 24-00185).
The Commerce Department has the authority to countervail currency undervaluation, the Court of International Trade held in a decision made public Oct. 25. Judge Timothy Reif found that nothing in the text of the countervailing duty statute, the statute's legislative history or legislative or administrative developments prohibit Commerce from imposing CVD due to a country's undervalued currency.