International Trade & Supply Chain

Court of International Trade

Summary of Decisions

19-79

On July 1, 2019, in the ongoing antidumping and countervailing duty orders on aluminum extrusions from the People’s Republic of China, the Court concluded that jurisdiction over this action exists because Plaintiff Perfectus’s complaint seeking review of the scope ruling was filed within thirty days of the mailing by post of that ruling as required by statute and was therefore timely and the Court sustains Commerce’s finding that the pallet products fall within the plain language of the scope of the Orders.

19-80

On July 2, 2019, in the classification case of stringed light sets, the Court granted Plaintiff Target’s motion for summary judgment and denied the Defendant’s cross-motion. The CIT concluded that the subject merchandise based on the principal of use and commercial fungibility with other products was incorrectly classified by Customs. In the Opinion, the CIT stated, “there can be no genuine issue of material fact that the lighting sets at issue are not principally used as Christmas tree lights and are not fungible with Christmas tree lights.”


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U.S. International Trade Commission

Section 701/731 Proceedings

Investigations
  • Quartz Surface Products from the People’s Republic of China: On July 5, 2019, the ITC released the final determinations in the Antidumping Duty and Countervailing Duty Investigations.
  • Steel Trailer Wheels from the People’s Republic of China: On July 23, 2019, the ITC released the final revised schedule for the Antidumping and Countervailing Duty Investigations.
  • Polyester Textured Yarn from the People’s Republic of China: On July 29, 2019, the ITC released the final schedules for the Final Phase of the Countervailing Duty and Antidumping Duty Investigations.

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Investigations

  • Certain Steel Wheels 12 to 16.5 Inches in Diameter from the People’s Republic of China: On July 9, 2019, Commerce released the final affirmative Antidumping Duty and Countervailing Duty determinations and final affirmative determinations of Critical Circumstances.
  • Diamond Sawblades and Parts Thereof: On July 16, 2019, Commerce released its final determination of Anti-Circumvention Inquiry.
  • Certain Steel Racks and Parts Thereof from the People’s: On July 24, 2019, Commerce released the final affirmative Countervailing Duty determination and Antidumping Duty determination.
  • Glycine from the People’s Republic of China: On July 25, 2019, Commerce released a notice of correction to the final affirmative Countervailing Duty determination and Countervailing Duty Order.


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USTR Proposes New Tariffs on EU Products under Section 301

The Office of the U.S. Trade Representative (USTR) announced on July 1, 2019 a proposed list of tariffs on approximately $4 billion worth of products from the European Union (EU). This is a supplemental list to the April 12, 2019 proposed tariffs with an approximate trade value of $12 billion.

According to USTR, this action is designed to pressure the EU to implement the World Trade Organization’s (WTO) Dispute Settlement Body recommendations in regard to the United States’ WTO dispute against the EU’s subsidies on large civil aircraft.

Interested parties can appear at a public hearing or file comments on the proposed list.
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Husch Blackwell is pleased to announce its sponsorship of the 2019 USA Go Global Awards. The USA Go Global Awards is an awards system which celebrates the business strategies, technologies and innovations of manufacturers, exporters and related service providers who are helping to drive the US economy forward. Husch Blackwell is one of the proud presenting sponsors of the awards which will be presented in Chicago, Illinois, during the 2019 Think Global Conference, October 23rd, 2019.
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Court of International Trade

Summary of Decisions

19-66

On June 3, 2019, in the ongoing case of determining whether or not Plaintiff Midwest Fastener’s zinc and nylon anchor products are considered to be nails, the CIT sustained the Department of Commerce’s final results of the redetermination pursuant to the Court Remand. The CIT concluded that Plaintiff’s zinc and nylon anchors do not function like nails and are considered a separate type of product from nails by the relevant industry. Commerce’s remand results were sustained and Plaintiff Midwest Fastener’s products were excluded from the scope.

19-69

On June 6, the CIT denied Plaintiffs Confederacion de Asociaciones Agricolas del Estado de Sinaloa, Consejo Agricola de Baja California, Asociacion Mexicana de Horticultura Protegida, Asociacion de Productores de Hortalizas del Yaqui y Mayo, and Sistem Producto Tomate (collectively, “Plaintiffs”) motion for a temporary restraining order (“TRO”) and preliminary injunction (“PI”) in the antidumping duty investigation of tomatoes from Mexico. The Court determined that the Plaintiffs had not met their burden to establish the likelihood of success on the merits and irreparable harm absent injunctive relief. They also had failed to establish if the hardships tip in favor of denying the Plaintiff’s motion. The Court also found the public interest to be neutral. For those reasons the CIT denied the plaintiff’s motions.
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U.S. International Trade Commission

Section 701/731 Proceedings

Investigations
  • Mattresses from the People’s Republic of China: On June 13, 2019, the ITC released the schedule for the final phase of the Antidumping Duty Investigation.
  • Fresh Tomatoes from Mexico: On June 14, 2019, the ITC announced the resumption of the final phase of the Antidumping Duty Investigation.
  • Stainless Steel Kegs from the People’s Republic of China, Germany, and Mexico: On June 17, 2019, the ITC released the schedule of the Final Phase of Countervailing and Antidumping Duty Investigations.
  • Glycine from the People’s Republic of China, India, Japan: On June 21, 2019, the ITC released the final determinations in the Antidumping Duty and Countervailing Duty investigations.
  • Aluminum Wire and Cable from the People’s Republic of China: On June 28, 2019, the ITC released the schedule for the final phase of the Countervailing Duty and Antidumping Duty Investigations.


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Investigations

  • Certain Steel Nails from the Socialist Republic of Vietnam: On June 19, 2019, Commerce released a notice of its Final Scope Ruling and notice of the Amended Final Scope Ruling in the Antidumping and Countervailing duty orders of the subject merchandise.
  • Steel Propane Cylinders: On June 21, 2019, Commerce announced its final determinations in the Antidumping Duty Investigations for the People’s Republic of China and Thailand.
  • Steel Propane Cylinders from the People’s Republic of China: On June 21, 2019, Commerce released the final affirmative Countervailing Duty determination.
  • Carbon Steel Butt-Weld Pipe Fittings from the People’s Republic of China: On June 21, 2019, Commerce issued the final affirmative determination of Circumvention of the Antidumping Duty Order.
  • Glycine from India and Japan: On June 21, 2019, Commerce released the amended final affirmative Antidumping Duty determination.  


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India Loses GSP Preferential Status Effective June 5, 2019

In a sudden announcement after 8pm on Friday May 31, 2019, the President made the anticipated decision that India was to be removed from the Generalized System of Preferences (“GSP”), effective June 5, 2019. The statement issued by the White House claims that the President had “determined that India has not assured the United States that India will provide equitable and reasonable access to its markets.” The end of the GSP eligibility and removal of India’s developing country status comes after holding that status for approximately 30 years and is a deepening indication of the U.S.’s increased protectionist stance in the global trade environment. To see our full post on India losing its GSP status, click here.
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Court of International Trade

Summary of Decisions

19-52

On May 1, 2019, the CIT sustained Commerce’s remand redetermination results following a countervailing duty investigation for certain hot-rolled steel flat products from the Republic of Korea. The court reviewed two issues on remand, Commerce’s selection of the highest calculated AFA rate and Commerce’s corroboration. Concerning the first issued on the selection of the AFA rate, the CIT found that Plaintiff POSCO did not exhaust its administrative remedies. The second issue presented was whether or not the selected 1.05% AFA rate was corroborated based upon substantial evidence and whether Commerce’s selection of a non-de-minimis AFA rate was appropriate because it was a rate calculated for a cooperating Korean company in another countervailing duty proceeding for a similar program.

19-53

On May 2, 2019, in the case of garage door openers that were redesigned to avoid infringement on a registered patent, the CIT denied the ITC’s motion for a stay pending appeal based on the grounds that the ITC did not meet its burden for a stay. A stay of the preliminary injunction and all other proceedings in this matter was not warranted as: (1) the ITC has not demonstrated a “strong showing” of likelihood of success on the merits, (2) the ITC has not demonstrated that it will be irreparably injured absent a stay in this action, (3) the issuance of a stay would substantially injure another party, the Plaintiff, and (4) the public interest is neutral. For those reasons, the CIT denied the ITC’s motion for a stay.
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