19 results for 'court:"Court of International Trade"'.
J. Katzmann finds the United States Department of Commerce’s (Commerce) calculations of drawback adjustments for certain Turkish products are incorrect, and that Commerce failed to explain how it came to its redetermination of import duties. The matter is remanded for further consideration.
Court: Court of International Trade, Judge: Katzmann, Filed On: April 11, 2024, Case #: 24-44, Categories: Commerce
J. Stanceu finds that the United States Department of Commerce (Commerce) improperly determined the subsidy duty on narrow woven ribbons with woven selvedge from China. A ribbon company contested Commerce findings, because it used adverse inferences to make its calculations because the Chinese government failed to cooperate with them. Commerce assigned a 10.54 percent subsidy rate because it believed the ribbon company benefited from the Export Buyer’s Credit Program (EBCP), and based its subsidy rate on a program for preferential lending to the Chinese coated paper industry, which it believes is similar to EBCP, but the record does not show sufficient evidence to support that decision. The matter is remanded to Commerce for further consideration.
Court: Court of International Trade, Judge: Stanceu, Filed On: April 10, 2024, Case #: 24-43, Categories: Commerce, Evidence
J. Restani grants in part a company’s motion for summary judgment in this matter concerning the import of bound paper notebooks with calendars. While the United States Customs and Border Patrol classified them as “other” paper products, which carries a duty of 25 percent, the company argues they should be classified as calendars, which are duty-free; the instant courts find that both are incorrect, that they should be classified as “diaries,” which come with a duty rate of 25 percent.
Court: Court of International Trade, Judge: Restani, Filed On: April 10, 2024, Case #: 24-42, Categories: Commerce
J. Bennett finds the United States Customs and Border Patrol (Customs), properly classified imports of tritium sight inserts under the category of lamps. While the importer argues the classification is incorrect and suggests the items would be more accurately categorized under apparatus based on the use of alpha, beta, or gamma radiations which carries a zero import duty rate, the instant court finds the imports do not fit that definition or criteria and that Customs properly categorized them as lamps, which carries a six percent import rate. Affirmed.
Court: Court of International Trade, Judge: Bennett, Filed On: February 16, 2024, Case #: 24-18, Categories: Commerce
J. Kelly finds the United States Department of Commerce (Commerce) properly used a method of simple averaging to aid in the calculation of the antidumping duty on certain steel nails from Taiwan. While the lower court found that academic literature indicates using a weighted average, Commerce adequately explained that when considering two full populations, it found simple averaging to be the proper methodology. The instant court finds Commerce’s explanation reasonable and sustains its determination.
Court: Court of International Trade, Judge: Kelly, Filed On: February 12, 2024, Case #: 24-15, Categories: Commerce
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J. Vaden finds the United States Department of Commerce (Commerce) correctly assessed the antidumping duties for retail plastic grocery bags from Malaysia, but a manufacturer of packaging products argues that evidence is insufficient to support the determination. Commerce employed the use of adverse inference relating to the manufacturer’s freight costs for sales in the United States, as it found discrepancies in numbers the manufacturer reported versus supporting data. Because the manufacturer failed to provide Commerce with the necessary standard weight figures, the instant court finds no error in Commerce’s use of adverse inference or its assessment of antidumping duties. Affirmed.
Court: Court of International Trade, Judge: Vaden, Filed On: February 12, 2024, Case #: 24-16, Categories: Commerce, Evidence
J. Vaden denies a paper supplier’s motion for judgment regarding the United States Department of Commerce’s (Commerce) assessment of antidumping duties. The supplier alleges Commerce improperly calculated the company’s antidumping margin on notebook paper from India when it included some products sold only in third countries. Commerce intentionally included specific products with particular characteristics in its calculations to determine surrogate costs, which is inline with established procedure. Sufficient evidence supports Commerce’s actions. Affirmed.
Court: Court of International Trade, Judge: Vaden, Filed On: December 29, 2023, Case #: 23-191, Categories: Commerce, Evidence
J. Barnet finds the instant court lacks subject matter jurisdiction. This matter concerns an antidumping duties evasion investigation and liquidation of imports of pencils from the People’s Republic of China through an exporter located in the Philippines. Because the imports in question were liquidated by the United States Customs and Border Patrol, and because the importer failed to protest the liquidations, there is no apparent relief available.
Court: Court of International Trade, Judge: Barnet, Filed On: December 15, 2023, Case #: 23-177, Categories: Commerce, Trade
J. Stanceu grants the United States’ motion for summary judgment in this dispute involving the classification of imported goods. United States Customs and Border Protection (Customs), classified the manufacturer's products as medicaments, as they were determined to be medicinal preparations for use in the treatment of human ailments, but the manufacturer argues the proper import category should be medical foods as they are nutritional therapy for infants with disease or disorders, and should be duty-free. The instant court finds that Customs assigned the proper classification and associated duties. Affirmed.
Court: Court of International Trade, Judge: Stanceu, Filed On: December 4, 2023, Case #: 23-170, Categories: Commerce, Trade
J. Choe-Groves grants a business’s motion for judgment of dismissal. The business is no longer operating and assessing a dutiable value to the merchandise involved in the matter would take years and would be at considerable cost to both parties.
Court: Court of International Trade, Judge: Choe-Groves, Filed On: October 20, 2023, Case #: 23-154, Categories: Commerce
J. Resani finds the lower court properly handled the duties paid by a manufacturer of light-walled rectangular pipe and tube from Turkey. The United States Department of Commerce (Commerce) treated duties collected as normal customs duties and denied the manufacturer’s application for a duty drawback adjustment. Finding no error by Commerce, the instant court sustains the final determination.
Court: Court of International Trade, Judge: Restani, Filed On: August 23, 2023, Case #: 23-125, Categories: Commerce, Trade
J. Resani finds the lower court properly handled the duties paid by a manufacturer of steel concrete reinforcing bar products from Turkey. The United States Department of Commerce (Commerce) treated duties collected as normal customs duties and denied the manufacturer’s application for a duty drawback adjustment. Finding no error by Commerce, the instant court sustains the final determination.
Court: Court of International Trade, Judge: Restani, Filed On: August 23, 2023, Case #: 23-124, Categories: Commerce, Trade
J. Vaden grants the United States Department of Commerce’s request to remand for voluntary recalculation of antidumping duties related to forged steel fluid end block from Germany. The manufacturers argue that Commerce applied a particular market situation that led to an erroneous calculation of the antidumping margin of 3.82 percent, then on redetermination brought it to zero without considering proposed alternatives to a specific market situation adjustment that was used in calculating the margin. The matter is remanded for further proceedings.
Court: Court of International Trade, Judge: Vaden, Filed On: July 24, 2023, Case #: 23-110, Categories: Commerce
J. Restani grants summary judgment to the United States Customs and Border Protection (Customs) in this dispute over merchandise classification. A manufacturer challenges Customs’ classification of cast iron counterweights for self-propelled mini or compact excavators. The manufacturer contends that the counterweights are parts related to a mini excavator and not a backhoe, but the machine fits the definition of a backhoe, and the term excavator encompasses backhoes. The instant court finds that Customs properly classified the materials as associated with a backhoe for the purpose of determining tariffs.
Court: Court of International Trade, Judge: Restani, Filed On: July 21, 2023, Case #: 23-108, Categories: Commerce, Trade, Tax
J. Barnett finds the United States Department of Commerce properly categorized and calculated costs in its thirteenth administrative review of antidumping duty orders for certain activated carbon from the People’s Republic of China. Affirmed.
Court: Court of International Trade, Judge: Barnett, Filed On: July 21, 2023, Case #: 23-109, Categories: Commerce
J. Kelly finds the United States Department of Commerce properly classified suspension losses associated with the antidumping duty of welded line pipe from the Republic of Korea. The Department properly identified the period of time in which production was suspended, and that the costs associated with the shutdown should be classified as general and administrative costs rather than the cost of goods sold, as accounted by the manufacturer. Affirmed.
Court: Court of International Trade, Judge: Kelly, Filed On: July 14, 2023, Case #: 23-103, Categories: Commerce, Trade
J. Vaden grants in part and denies in part the government's cross-motion for summary judgment in this matter concerning frozen fruit mixtures from Canada. A food company contests the United States Customs and Border Protection (Customs) classification of its products as frozen fruit, as the fruit mixtures may contain vegetable ingredients. Because the fruit mixtures may contain non-fruit ingredients, Customs must reclassify all of the merchandise according to its contents as the classifications affect taxation, but only reliquidate certain products specified by the court.
Court: Court of International Trade, Judge: Vaden, Filed On: May 26, 2023, Case #: 23-82, Categories: Commerce
J. Stanceu finds the United States Department of Commerce (Commerce) properly assessed an elevated antidumping duty as the final determination of an antidumping duty investigation of certain truck and bus tires from China. The producer and exporter contests that it works independent of government control and should be assessed a different rate, but evidence is sufficient to show it does not work independent of government control and supports Commerce’s final decision. Affirmed.
Court: Court of International Trade, Judge: Stanceu, Filed On: May 22, 2023, Case #: 23-81, Categories: Commerce