818 F. Supp. 2d 1355 (2012) ASHLEY FURNITURE INDUSTRIES, INC., Plaintiffs, v. UNITED STATES, Defendants, and American Furniture Manufacturers Committee for Legal Trade, Kincaid Furniture Co., Inc., L. & J.G. Stickley, Inc., Sandberg Furniture Manufacturing Company, Inc., Stanley Furniture Company, Inc., T. Copeland and Sons, Inc., and Vaughan-Bassett Furniture Company, Inc., Defendant-Intervenors. Slip Op. 12-14. Court No. 07-00323. United States Court of International Trade. January 31, 2012. *...
OPINION CARMAN, Judge: This matter is before the Court on a Motion for Summary Judgment by Plaintiff R.T. Foods, Inc. ("Plaintiff" or "R.T. Foods") and a Cross-Motion for Summary Judgment by Defendant United States ("Defendant" or "Customs"). The parties dispute the correct tariff classification of the subject merchandise — frozen tempura-battered vegetable mixtures from Thailand — imported by Plaintiff. For the reasons set forth below, Plaintiff's motion is denied, and Defendant's cross-...
OPINION POGUE, Chief Judge: This case returns to court following remand in MacLean-Fogg Co. v. United States, 36 CIT ___, 853 F.Supp.2d 1336 (2012) (" MacLean-Fogg III "). MacLean-Fogg III found that the Department of Commerce's ("the Department" or "Commerce") application, to the Plaintiffs, of the all-others 374.15% countervailing duty ("CVD") rate required reconsideration or further explanation because Commerce failed to properly explain why the assumption that Plaintiffs, like the...
OPINION [Commerce's final results on redetermination are AFFIRMED.] DONALD C. POGUE, Chief Judge. This case returns to court following remand in MacLean-Fogg Co. v. United States , 36 CIT ___, 853 F.Supp.2d 1336 (2012) (" MacLean-Fogg III "). MacLean-Fogg III found that the Department of Commerce's ("the Department" or "Commerce") application, to the Plaintiffs, of the all-others 374.15% countervailing duty ("CVD") rate required reconsideration or further explanation because Commerce...
OPINION and ORDER GORDON, Judge: This opinion follows a bench trial. Plaintiff United States (the "Government") brought this action pursuant to Section 553 of the Tariff Act of 1930, as amended, 19 U.S.C. 1553 (2006) 1 , and 19 C.F.R. 18.8(c), to recover certain duties, taxes, and fees from Defendant C.H. Robinson Company ("C.H. Robinson"). The court has jurisdiction pursuant to 28 U.S.C. 1582(3) (2006). For the reasons set forth below, the court adjudges C.H. Robinson liable for the...
OPINION POGUE, Chief Judge: In this action, Plaintiffs, who are Chinese producers of extruded aluminum, seek review of certain findings in the United States Department of Commerce's ("Commerce" or "the Department") antidumping investigation of extruded aluminum from the People's Republic of China ("China"). 2 Specifically, Plaintiffs allege that Commerce erred in collapsing into a single entity three affiliated exporter/producers, the Guang Ya group, New Zhongya, and Xinya, and improperly...
OPINION AND ORDER RESTANI, Judge: This action challenges the Department of Commerce's ("Commerce") final results rendered in the first antidumping ("AD") review of certain steel threaded rods ("STR") from the People's Republic of China ("PRC"). See Certain Steel Threaded Rod from the People's Republic of China: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review. 76 Fed.Reg. 68,400 (Dep't Commerce Nov. 4, 2011) (" Final Results "). Plaintiff Hubbell Power...
OPINION AND ORDER RESTANI, Judge: This action challenges the Department of Commerce's ("Commerce") final results rendered in the fifth antidumping ("AD") duty review of certain wooden bedroom furniture ("WBF") from the People's Republic of China ("PRC"). See Wooden Bedroom Furniture from the People's Republic of China: Final Results and Final Rescission in Part, 76 Fed.Reg. 49,729, 49,729 (Dep't Commerce Aug. 11, 2011) (" Final Results "). Plaintiffs Home Meridian International, Inc. and...
OPINION AND ORDER POGUE, Chief Judge: This is a consolidated action seeking review of determinations made by the Department of Commerce ("the Department" or "Commerce") in the antidumping duty investigation of multilayered wood flooring from the People's Republic of China ("China"). 2 Currently before the court is Defendant's Motion to Dismiss Plaintiff's Complaint for Lack of Jurisdiction, ECF No. 52 (docketed under Ct. No. 11-00452) ("Motion to Dismiss"). In the Motion to Dismiss,...
OPINION POGUE, Chief Judge. In this action, Plaintiff, Yama Ribbons and Bows Co., Ltd. ("Yama"), a producer of ribbons, challenges the final countervailing duty ("CVD") rate determined by the United States Department of Commerce ("Commerce" or "the Department") in an investigation of certain narrow woven ribbons with woven selvedge 1 from the People's Republic of China ("China"). Specifically, Yama asserts that Commerce erred in calculating a CVD subsidy rate for Yama's products by...
OPINION AND ORDER RESTANI, Judge. This matter comes before the court following the court's decisions in Lifestyle Enterprise, Inc. v. United States, 768 F.Supp.2d 1286 (CIT 2011) (" Lifestyle I "), in which the court remanded Wooden Bedroom Furniture from the People's Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper Reviews, 74 Fed.Reg. 41,374 (Dep't Commerce Aug. 17, 2009) (" Final Results ") to the U.S. Department of Commerce ("Commerce" or...
OPINION AND ORDER Chief Judge POGUE: This is a consolidated action seeking review of determinations made by the United States Department of Commerce ("Commerce" or "the Department") in the countervailing duty ("CVD") investigation of multilayered wood flooring from the People's Republic of China ("China"). 2 Currently before the court is Plaintiffs' Rule 56.2 Motion for Judgment on the Agency Record. In their motion, Plaintiffs challenge three aspects of Commerce's Final Determination: (1)...
OPINION STANCEU, Judge: Plaintiff Atar S.r.L. ("Atar"), an Italian pasta producer, brought this action to contest the final determination ("Final Results") of the International Trade Administration, U.S. Department of Commerce ("Commerce" or the "Department") concluding the ninth administrative review of an antidumping duty order on certain pasta from Italy (the "subject merchandise"). See Notice of Final Results of the Ninth Admin. Review of the Antidumping Duty Order on Certain Pasta...
OPINION POGUE, Chief Judge: In its Amended Complaint, ECF No. 29, Plaintiff Hartford Fire Insurance Company ("Hartford") asks the court to void or, in the alternative, to discharge certain bonds securing duties on entries of frozen cooked crawfish tailmeat from the People's Republic of China ("China"). Defendant U.S. Customs and Border Protection ("Customs") moves, pursuant to Rule 12(b)(5) of this Court, to dismiss Plaintiff's Amended Complaint for failure to state a claim. As explained...
OPINION AND ORDER RICHARD W. GOLDBERG, Senior Judge. This consolidated action challenges three determinations made by the U.S. Department of Commerce ("Commerce" or "the Department") in the final results of the fifth administrative review of an antidumping duty order on frozen warmwater shrimp from India. Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review, Partial Rescission, and Final No Shipment Determination, 76 Fed. Reg. 41, 203 (Dep't...
OPINION AND ORDER POGUE, Chief Judge: This case returns to court following remand, by Grobest & I-Mei Indus. (Vietnam) Co. v. United States, 36 CIT ___, 815 F.Supp.2d 1342 (2012) (" Grobest I "), of the final results of the fourth administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam. 2 Specifically, Grobest I remanded the Final Results for the Department of Commerce ("Commerce" or "the Department") to (1)...
OPINION AND ORDER POGUE, Chief Judge: This case returns to the court following remand in Maclean-Fogg Co. v. United States, 36 CIT ___, 836 F.Supp.2d 1367 (2012) (" Maclean-Fogg I "). In Maclean-Fogg I, and again upon Plaintiffs' motion for reconsideration in MacLean-Fogg Co. v. United States, 36 CIT ___, ___ F.Supp.2d ___, Slip Op. 12-81 (June 13, 2012) (" MacLean-Fogg II "), the court found that the Department of Commerce's ("the Department" or "Commerce") calculation of the all-...
OPINION RIDGWAY, Judge: In this action, plaintiff Chrysal USA, Inc. ("Chrysal") seeks to challenge the tariff classification of "flower food" which was among the various products included in 17 entries of merchandise that Chrysal imported into the United States in 2008. See generally Complaint. Chrysal invokes 28 U.S.C. 1581(a), which vests the U.S. Court of International Trade with exclusive jurisdiction over "any civil action commenced to contest the denial of a protest." See id. 1;...
OPINION GORDON, Judge: This case arose from the actions of two agencies, the U.S. International Trade Commission (the "ITC" or the "Commission") and U.S. Customs and Border Protection ("Customs" or "CBP"), that denied Plaintiff, Nan Ya Plastics Corporation, America ("Nan Ya"), certain monetary benefits under the Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA" or "Byrd Amendment"), 19 U.S.C. 1675c (2000), repealed by Deficit Reduction Act of 2005, Pub.L. 109-171, 7601(a), 120...
OPINION AND ORDER POGUE, Chief Judge: This is a consolidated action seeking review of determinations made by the Department of Commerce ("the Department" or "Commerce") in the antidumping duty investigation of multilayered wood flooring from the People's Republic of China ("China"). 2 Currently before the court is Defendant's Motion to Dismiss the Complaint filed by Consolidated Plaintiff the Coalition for American Hardwood Parity ("CAHP"). In its Motion to Dismiss, ECF No. 52 (docketed...
