Exporters Shandong Dongyue Chemical Co. and Huantai Dongyue International Trade Co. filed a stipulation of dismissal regarding their claims in a case challenging the antidumping duty investigation on pentafluoroethane (R-125) from China. The case was originally filed by Shandong Dongyue, Huantai Dongyue and a third exporter, Zhejiang Sanmei Chemical Ind. Co. (see 2210270069), and the two exporters dropping their claims said the dismissal only includes their arguments and not those of Sanmei. The exporters brought the case to argue that the Commerce Department illegally valued the factors of production of the intermediate product for a refrigeration, anhydrous hydrofluoric acid, rather than valuing the refrigerant's reported factors of production (Zhejiang Sanmei Chemical Ind. Co. v. United States, CIT #22-00103).
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
The Commerce Department made no changes to its final results of the 2019-20 administrative review of the antidumping duty order on solar cells from China, which was on remand at the Court of International Trade after the court sent back three elements of the review (see 2405090045). The court sent back Commerce's valuation of solar glass using Romanian import prices, valuation of air freight using Freightos data and use of partial adverse facts available against exporter Risen Energy Co. (Jinko Solar Import and Export Co. v. United States, CIT # 22-00219).
California man Mohamad Yassin Alcharihi was sentenced on Aug. 29 to three months in prison for illegally importing an "ancient floor mosaic from Syria depicting the Roman demigod Hercules," the U.S. Attorney's Office for the Central District of California announced. Alcharihi was found guilty in June 2023 after a five-day trial of one count of entry of falsely classified imports.
Luggage importer Samsonite filed a complaint at the Court of International Trade on Aug. 29 to contest CBP's alleged failure to apply Section 301 exclusions granted by the Office of the U.S. Trade Representative to its baggage entries (Samsonite v. United States, CIT # 24-00031).
The U.S. told the Court of International Trade that its inadvertent liquidation of entries subject to an injunction from the court was the result of "human errors." Submitting information requested by the court in response to the injunction violation, the government said its controls to ensure compliance with the court's injunctions weren't followed (Shanghai Tainai Bearing Co. v. United States, CIT Consol. # 24-00025).
The Court of International Trade on Aug. 28 denied both the government's and importer HyAxiom's motions for judgment in a customs classification case on PC50 supermodules, which are a part of a stationary hydrogen fuel cell generator known as the PureCell Model 400. Judge Timothy Stanceu said a factual determination is needed on whether the PC50's "principal function" is gas generation.
Mississippi seafoods wholesaler Quality Poultry and Seafood Inc. and two of its managers pleaded guilty on Aug. 27 to conspiring to mislabel frozen imported goods as their more expensive and premium local counterparts, DOJ announced. The company agreed to pay $1 million in forfeitures and a $150,000 criminal fine, while sales manager Todd Rosetti and business manager James Gunkel copped to "misbranding seafood to facilitate" the company's fraud, DOJ said.
Exporter Yingli Energy (China) Co. filed a complaint on Aug. 28 at the Court of International Trade to contest the Commerce Department's denial of its separate rate application in the 10th review of the antidumping duty order on solar cells from China, claiming that it showed its independence from Chinese state control (Yingli Energy (China) Co. v. United States, CIT # 24-00131).
The U.S. Court of Appeals for the Federal Circuit didn't select the Section 301 litigation for its October schedule, setting up early November as the earliest time the case could be heard. Matt Nicely, counsel for the lead plaintiffs in the case involving over 4,000 companies, said in an email that he's "optimistic" oral argument in the action "will still happen before the end of the year." All arguing attorneys finished submitting their notices of conflicts with oral argument in April (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The Commerce Department illicitly expanded the scope of the antidumping duty order on wooden cabinets and vanities from China to cover goods made out of phragmites, exporter Nanjing Kaylang Co. argued in an Aug. 27 motion for judgment at the Court of International Trade. The suit challenges Commerce's scope ruling including Kaylang's goods in the AD order (see 2402210053) (Nanjing Kaylang Co. v. United States, CIT # 24-00045).