Recent Court Cases
on International Trade
for June 16 – 17, 2008
The following Court of Appeals for the Federal Circuit (CAFC) and Court
of International Trade (CIT) cases on international trade issues were
dated/decided during June 16 - 17, 2008:
Reinstatement of AD Order Due
to Exporter Fraud, Etc.
The CAFC ruled that the International Trade Administration (ITA) had the
authority to conduct a changed circumstances review to reinstate the antidumping
duty order on large newspaper printing presses (LNPPs) from Japan for one
company, Tokyo Kikai Seisakusho, Ltd., as this company had provided false
information during yearly administrative reviews. However, the CAFC determined
that the ITA's stated intention of reopening the sunset review that had revoked
the AD order in its entirety was not ripe for judicial review. (Tokyo Kikai Seisakusho, Ltd., et al. vs.
U.S. et. al. (CAFC 2007-1226,-1227,-1254, decided 06/17/08) available at http://www.cafc.uscourts.gov/opinions/07-1226.pdf)
Surrogate Value of Raw Honey
from China in AD Review
In this case on the AD administrative review on honey from China, the
CIT considered issues surrounding the use of surrogate values for determining
normal value in an antidumping administrative review. The plaintiffs are
Zhejiang Native Produce and Animal By-Products Import & Export Group Corp.,
Jiangsu Kanghong Natural Healthfoods Co., Ltd., and Anhui Honghui Foodstuff
(Group) Co., Ltd., and the CIT sustained in part and remanded in part the final
results of the subject administrative review. (Zhejiang Native Produce and Animal By-Products I/E Group Corp. et al.
vs. U.S. et.al. (CIT Slip Op. 08-68, dated 06/16/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-68.pdf)
Appeals Must be Exhausted Before Party Receives Byrd Distributions
In continuing litigation on the CIT’s ruling that the
"support" requirement of the Continued Dumping and Subsidy Offset Act
of 2000 ("Byrd Amendment") is unconstitutional, the CIT affirmed the
International Trade Commission (ITC) and U.S. Customs and Border Protection
(CBP) remand determinations, that Chez Sidney qualified for inclusion on the
list of producers eligible for Byrd Amendment distributions for FY 2002 and FY
2003, and further upheld CBP's determination not to furnish payment until all
appeals in this action have been exhausted. (PS
Chez Sidney, LLC vs. ITC, CBP et. al., (Slip Op 08-69, dated 06/17/08)
available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op%2008-69.pdf)
Published in ITT on June 30, 2008 | [Ref: 08063050] |
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