OPINION [Plaintiffs' Motion for Judgment on the Agency Record under USCIT Rule 56.2 is denied. Defendant-Intervenors' Motion for Judgment on the Agency Record under USCIT Rule 56.2 is denied.] RICHARD W. GOLDBERG, Senior District Judge. This consolidated action challenges three determinations made by the U.S. Department of Commerce ("Commerce" or the "agency") in the final results of an administrative review of an antidumping duty order on frozen warmwater shrimp from India. Certain Frozen...
OPINION & ORDER CARMAN, Judge: Defendant-Intervenor Sekisui Specialty Chemicals America, LLC ("Defendant-Intervenor" or "Sekisui") partially challenges the Results of Redetermination Pursuant to Court Remand (" Remand Results "), dated July 12, 2013 (ECF No. 47-1), by Defendant U.S. Department of Commerce ("Defendant" or "Commerce") in the investigation of an antidumping duty order on polyvinyl alcohol ("PVA") from Taiwan. See Polyvinyl Alcohol from Taiwan, 76 Fed.Reg. 5,562 (Dep't of...
OPINION AND ORDER [Remanding antidumping duty administrative review "major input rule" determination.] R. KENTON MUSGRAVE, Senior Judge. The plaintiff Wheatland Tube Company challenges two determinations in Circular Welded Non-Alloy Steel Pipe from the Republic of Korea, 77 Fed. Reg. 34344 (June 11, 2012) (" Final Results "), see IAPDoc 1 117, as articulated in the accompanying issues and decision memorandum dated June 4, 2012 ("I&D Memo"), IAPDoc 118. Conducted by the International...
OPINION and ORDER TSOUCALAS, Senior Judge: Before the court is plaintiff Papierfabrik August Koehler SE's ("Koehler") Motion for Expedited Briefing and Consideration, ECF No. 59 (Nov. 5, 2013) ("Mot. to Expedite"). Plaintiff asks the court to expedite briefing and consideration of its Motion to Compel Commerce to Strike Information Or, In the Alternative, Compel Commerce to Disclose the Information, ECF No. 57 (Nov. 5, 2013) ("Mot. to Compel"). Defendant U.S. Department of Commerce ("...
OPINION Final Results of Redetermination in antidumping review sustained. JANE A. RESTANI, Chief District Judge. This matter is before the court following a remand to the Department of Commerce ("Commerce") in Home Meridian International, Inc. v. United States , 922 F.Supp.2d 1366 (CIT 2013) (" HMI "). The court found that Commerce's application of its surrogate valuation methodology was not supported by substantial evidence in this case. Id. at 1376-77. Furthermore, the court found...
OPINION POGUE, Chief Judge: This case returns to court following remand to the Department of Commerce ("Commerce" or "the Department") by Thai Plastic Bags Industries Co., Ltd. v. United States, 37 CIT ____, 904 F.Supp.2d 1326 (2013) (" TPBI Remand Order "). 2 The Department responded to the TPBI Remand Order by issuing its Results of Remand Redetermination Pursuant to Court Remand, A-549-821, ARP 09-10 (Jul. 10, 2013), ECF Nos. 87, 89 (" Remand Results "). The parties here raise...
OPINION RESTANI, Judge: This matter is before the court following a remand to the Department of Commerce ("Commerce") in GPX Int'l Tire Corp. v. United States, 893 F.Supp.2d 1296 (CIT 2013) (" GPX VII "). Plaintiffs GPX International Tire Corporation ("GPX") and Hebei Starbright Tire Co., Ltd. ("Starbright"), 1 Consolidated Plaintiff Tianjin United Tire & Rubber International Co., Ltd. ("TUTRIC"), and Defendant-Intervenors Titan Tire Corporation and United Steel, Paper and Forestry,...
OPINION RIDGWAY, Judge: In this action, Plaintiffs E & S Express Inc. and Simon Ying ("E & S Express") challenge the decision of the Bureau of Customs and Border Protection denying E & S Express's protest contesting the assessment of supplemental antidumping duties, with interest, on certain entries of wooden bedroom furniture from the People's Republic of China ("PRC"). Complaint 2, 4, 31-32, 34. 1 E & S Express contends that the supplemental antidumping duties were erroneously...
OPINION POGUE, Chief Judge: In this action, Plaintiffs, producers and importers of extruded aluminum seek review of two aspects of Commerce's calculations of countervailing duties on certain aluminum extrusions from the People's Republic of China ("PRC" or "China"). See Aluminum Extrusions from the People's Republic of China, 76 Fed.Reg. 18,521 (Dep't Commerce Apr. 4, 2011) (final affirmative CVD determination) ("Final Determination") and accompanying Issues and Decision Memorandum (" I &...
OPINION RIDGWAY, Judge: In this action, Plaintiff Marsan Gida Sanayi ve Ticaret A.S. ("Marsan") — a Turkish exporter of pasta — contests the final results issued by the U.S. Department of Commerce in the 14th antidumping duty review of certain pasta from Turkey. See Certain Pasta from Turkey: Notice of Final Results of 14th Antidumping Duty Administrative Review, 76 Fed.Reg. 68,399 (Dep't Commerce Nov. 4, 2011) ("Final Results"); Certain Pasta from Turkey: Issues and Decision Memorandum for...
OPINION AND ORDER RESTANI, Judge: This matter comes before the court following the court's decision in Dongguan Sunrise Furniture Co. v. United States, 865 F.Supp.2d 1216 (CIT 2012) (" Dongguan I "), and Dongguan Sunrise Furniture Co. v. United States, 904 F.Supp.2d 1359 (CIT 2013) (" Dongguan II "), in which the court remanded Wooden Bedroom Furniture From the People's Republic of China: Final Results and Final Rescission in Part, 75 Fed.Reg. 50,992, 50,992 (Dep't Commerce Aug. 18,...
OPINION & ORDER CARMAN, Judge: Plaintiff U.K. Carbon and Graphite Company, Ltd. ("Plaintiff" or "UKCG") contests the final determination by Defendant United States Department of Commerce ("Defendant" or "Commerce") regarding the circumvention 1 inquiry related to the antidumping duty order covering small diameter graphite electrodes from the People's Republic of China ("China"). See Small Diameter Graphite Electrodes From the People's Republic of China: Affirmative Final Determination...
OPINION and ORDER TSOUCALAS, Senior Judge: Plaintiff Papierfabrik August Koehler SE ("Koehler") moves for reconsideration of its motion to stay proceedings pending the outcome of Papierfabrik August Koehler AG v. United States, Consol. Ct. No. 12-00091 ("Ct. No. 12-00091"). See Pl.'s Mot. Reconsider Mot. Stay, Ct. No. 13-00163, ECF No. 34 at 1 ("Pl.'s Mot."). Koehler requests that the court reconsider its motion to stay because corroboration of the adverse facts available ("AFA") rate...
OPINION RESTANI, Judge: This matter is before the court following denial of Defendant United States' motion to dismiss in Michaels Stores, Inc. v. United States, Slip Op. 12-161, 2012 WL 6720675, 2012 Ct. Int'l Trade LEXIS 161 (Dec. 27, 2012). Plaintiff Michaels Stores, Inc. ("Michaels") challenges the liquidation and cash deposit instructions issued by the Department of Commerce ("Commerce") in administering the antidumping duty ("AD") order for certain cased pencils from the People's...
OPINION POGUE, Chief Judge: This is a consolidated action seeking review of determinations made by the Department of Commerce ("Commerce") in the antidumping duty investigation of multilayered wood flooring from the People's Republic of China ("China"). 2 Currently before the court is Respondents' Motion for Judgment on the Agency Record. Respondents 3 challenge nine aspects of Commerce's Final Determination including: (1) Commerce's decision to apply its targeted dumping method on...
OPINION POGUE, Chief Judge: This case returns to court following remand by Camau Frozen Seafood Processing Import Export Corp. v. United States, ___ CIT ___, 880 F.Supp.2d 1348 (2012) (" Camau I "). Camau I reviewed challenges to the final results of the fifth administrative review ("AR") of the antidumping duty order covering certain frozen warmwater shrimp from the Socialist Republic of Vietnam ("Vietnam"). 2 Id. at 1351. Specifically, Camau I rejected a facial challenge to...
OPINION POGUE, Chief Judge: In this action, Plaintiff Hartford Fire Insurance Company ("Hartford") seeks to void certain bonds securing entries of frozen cooked crawfish tailmeat from the People's Republic of China ("China"). In its Second Amended Complaint, ECF No. 88, Hartford alleges as its single cause of action that the Defendant, United States Customs and Border Protection ("Customs"), abused its discretion by either failing to require a cash deposit in lieu of a bond for the entries...
OPINION AND ORDER RESTANI, Judge. This matter is before the court following a remand to the Department of Commerce ("Commerce") in Home Meridian Int'l, Inc. v. United States, 865 F.Supp.2d 1311 (CIT 2012). This case involves challenges to Commerce's final results in the fifth antidumping duty ("AD") 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...
OPINION MUSGRAVE, Senior Judge: Plaintiffs Gold East Paper (Jiangsu) Co., Ltd. ("Gold East"), Ningbo Zhonghua Paper Co., Ltd., and Global Paper Solutions ("GPS") (hereafter "Plaintiffs" or "APP-China") challenge the Department of Commerce's ("Commerce") final determination in the antidumping investigation of Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from the People's Republic of China, 75 Fed.Reg. 59217 (Dept. Commerce, Sept. 27, 2010) Public...
OPINION [Plaintiff's motion for judgment on the agency record is denied and the Department of Commerce's Rescission is sustained.] RICHARD K. EATON, District Judge. Before the court is plaintiff Pujiang Talent Diamond Tools Co., Ltd.'s ("plaintiff" or "Pujiang") motion for judgment on the agency record pursuant to USCIT Rule 56.2, challenging the Department of Commerce's ("Commerce" or the "Department") rescission of Pujiang's new shipper review under the antidumping duty order on diamond...
