OPINION STANCEU , Chief Judge : In this case, plaintiff Papierfabrik August Koehler SE ("Koehler") contested a final determination ("Final Results") that the International Trade Administration, U.S. Department of Commerce ("Commerce" or the "Department") issued to conclude the first administrative review of an antidumping duty order on certain lightweight thermal paper from Germany (the "subject merchandise"). 1 See Lightweight Thermal Paper From Germany: Notice of Final Results of the...
OPINION STANCEU , Chief Judge . In this consolidated action, 1 several plaintiffs contested various aspects of a determination ("Final Results") issued by the International Trade Administration, U.S. Department of Commerce ("Commerce" or the "Department") to conclude the seventeenth administrative reviews of antidumping duty orders on ball bearings and parts thereof from France, Germany, Italy, Japan, Singapore, and the United Kingdom ("subject merchandise"). See Ball Bearings and Parts...
OPINION AND ORDER BARNETT , Judge : Plaintiff, Otter Products, LLC ("Otter"), moves pursuant to USCIT Rules 7 and 65 for a preliminary injunction enjoining U.S. Customs and Border Protection ("Customs") from enforcing the General Exclusion Order ("GEO") issued by the U.S. International Trade Commission ("ITC") in Certain Cases for Portable Electronic Devices, Inv. No. 337-TA-861/867, against Otter's Symmetry Series ("Symmetry") products. ( See generally Pl.'s Mot. for TRO & Prelim. Inj....
OPINION RESTANI , Judge . Before the court are the motions for injunctions of liquidation and eventual liquidation in accordance with the results of litigation filed by plaintiff Husteel Co., Ltd., consolidated plaintiffs Nexteel Co., Ltd. and Hyundai HYSCO, and plaintiff-intervenors ILJIN Steel Corporation, AJU Besteel Co., Ltd., and SeAH Steel Corp. (collectively, "movants"). Movants seek to enjoin the defendant, together with the delegates, officers, agents, and employees of the U.S....
MEMORANDUM and ORDER GORDON , Judge . Before the court is Defendant Horizon Products International, Inc.'s ("Horizon") motion to amend the Scheduling Order out of time. Horizon also seeks to extend the deadline for Plaintiff United States ("Government") to respond to Horizon's discovery requests and all subsequent deadlines, including for filing dispositive motions or requesting a trial, by 90 days respectively. The Government opposes Horizon's motion. On June 27, 2014, the court issued...
OPINION GOLDBERG , Senior Judge . Plaintiffs challenge the final results of an administrative review of an antidumping duty order on frozen warmwater shrimp from India. Certain Frozen Warmwater Shrimp from India, 78 Fed. Reg. 42,492 (Dep't Commerce July 16, 2013) (final admin. review) (" Final Results "). During the review, the U.S. Department of Commerce ("Commerce" or "the agency") assigned mandatory respondent Apex Frozen Foods Private Ltd. ("Apex") a 3.49 percent antidumping duty...
OPINION AND ORDER GORDON , Judge : This action involves a U.S. Department of Commerce ("Commerce") final determination in a proceeding conducted under Section 129 of the Uruguay Round Agreements Act ("Section 129") and covering the simultaneously-imposed antidumping and countervailing duty orders on circular welded carbon quality steel pipe ("CWP") from the People's Republic of China. See New Pneumatic Off-the-Road Tires; Circular Welded Carbon Quality Steel Pipe; Laminated Woven Sacks;...
OPINION [Sustaining remand results on investigation of sales at less than fair value of diamond sawblades and parts from the Republic of Korea.] R. KENTON MUSGRAVE, Senior Judge. Musgrave, Senior Judge: Familiarity is here presumed with the prior opinion, 37 CIT ___, Slip Op. 13-130 (Oct. 11, 2013), remanding several issues concerning the administrative investigation of sales at less than fair value of Diamond Sawblades and Parts Thereof from the Republic of Korea , 71 Fed. Reg. 29310 (May...
OPINION [Motion to alter or amend judgment denied]. JANE A. RESTANI, District Judge. Plaintiff Puerto Rico Towing & Barge Co. ("PR Towing") requests the court to grant a motion to reconsider and alter or amend the judgment entered July 10, 2014, pursuant to USCIT Rule 59(e). "The major grounds justifying a grant of a motion to reconsider a judgment are an intervening change in the controlling law, the availability of new evidence, the need to correct a clear factual or legal error, or the...
OPINION [Defendant-Intervenors' motion for reconsideration in antidumping duty matter denied.] JANE A. RESTANI, Judge. Defendant-intervenors the American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Co., Inc. (collectively "AFMC") move for reconsideration of the court's decision in Dongguan Sunrise Furniture Co., Ltd. v. United States , 997 F.Supp.2d 1330 (CIT 2014) (" Dongguan IV "), pursuant to USCIT Rule 59. AFMC's Mot. for Recons. 1, ECF No. 221 ("Mot....
OPINION [Defendant-Intervenors' motion for reconsideration in antidumping duty matter denied.] JANE A. RESTANI, Judge. Defendant-intervenors the American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Co., Inc. (collectively "AFMC") move for reconsideration of the court's decision in Dongguan Sunrise Furniture Co., Ltd. v. United States , 997 F.Supp.2d 1330 (CIT 2014) (" Dongguan IV "), pursuant to USCIT Rule 59. AFMC's Mot. for Recons. 1, ECF No. 221 ("Mot....
OPINION POGUE, Senior Judge: In this action, Plaintiff, Ceramark Technology, Inc. ("Ceramark") challenges the affirmative final determination of circumvention of an antidumping duty order. 1 Compl., ECF No. 9 at 2. In that determination, the Department of Commerce ("Commerce") found that 17 inch diameter graphite electrodes (which Ceramark imports) constitute merchandise altered in form or appearance in such minor respects that it was properly subject to the antidumping duty order for...
OPINION AND ORDER [Remanding second administrative review of antidumping duty order on diamond sawblades and parts thereof from the People's Republic of China.] R. KENTON MUSGRAVE, Senior Judge. This opinion considers the motion of plaintiff Diamond Sawblades Manufacturers Coalition ("DSMC") for judgment on Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 78 Fed. Reg. 36166 (Jun. 17, 2013) (" Second...
MEMORANDUM and ORDER EATON, Senior Judge: This action concerns the five-year, or "sunset," review of the antidumping duty order on diamond sawblades and parts thereof from the People's Republic of China ("PRC"), for which the United States Department of Commerce ("Commerce" or the "Department") published a notice in the Federal Register on December 2, 2013, and which was initiated on January 23, 2014. Initiation of Five-Year ("Sunset") Review, 78 Fed.Reg. 72,061 (Dep't of Commerce Dec. 2,...
OPINION GORDON, Judge: This action involves the second administrative review conducted by the U.S. Department of Commerce ("Commerce") of the antidumping duty order covering steel threaded rod from the People's Republic of China ("PRC"). See Certain Steel Threaded Rod from the People's Republic of China, 77 Fed.Reg. 67,332 (Dep't of Commerce Nov. 9, 2012) (final results second admin. review) (" Final Results "); see also Issues and Decision Memorandum for Final Results of Second...
OPINION [On cross-motions for summary judgment, judgment for the defendant.] R. KENTON MUSGRAVE, Senior District Judge. Musgrave, Senior Judge: Mex Y Can Trading USA Ltd., a U.S. importer, initiated suit to contest the denial of a protest by U.S. Customs and Border Protection concerning duty-free treatment of 156 entries of fresh cut flowers from Columbia. At the time of the entries, February 13, 2011 through July 17, 2011, duty-free benefits pursuant to the Andean Trade Preference Act ("...
MEMORANDUM & ORDER [On grant of consolidated-plaintiff's motion for injunction.] R. KENTON MUSGRAVE, Senior Judge. Musgrave, Senior Judge This memorandum explains the court's grant on September 9, 2014 of the motion of the consolidated-plaintiff Hyosung D&P Co., Ltd. ("Hyosung") to enjoin U.S. Customs and Border Protection ("Customs") from liquidating entries of diamond sawblades from the Republic of Korea exported by Hyosung that are subject to the antidumping proceeding challenged by this...
OPINION TSOUCALAS, Senior Judge: Plaintiff Papierfabrik August Koehler SE ("Koehler") moves for judgment on the agency record contesting the determination of the U.S. Department of Commerce ("Commerce") in Lightweight Thermal Paper From Germany: Final Results of Antidumping Duty Administrative Review; 2010-2011, 78 Fed.Reg. 23,220 (Apr. 18, 2013) ( "Final Results" ). Commerce and defendant-intervenor Appvion, Inc. ("Appvion"), 1 oppose Koehler's motion. For the following reasons, Koehler'...
OPINION CARMAN, Judge: Before the Court is the Motion for Referral to Court-Annexed Mediation ("Mot.") filed by Defendant Tenacious Holdings, Inc. ("Tenacious"), ECF No. 31. Plaintiff United States ("United States" or "Government") opposes the motion. See Pl.'s Resp. to Def.'s Mot. for an Order Referring This Matter to Mediation ("Opp."), ECF No. 32. For the reasons that follow, the Court will grant the motion and an Order of Referral to Court-Annexed Mediation will issued separately....
OPINION AND ORDER [Remanding the Department of Commerce's remand redetermination.] RICHARD W. GOLDBERG, Senior District Judge. Goldberg, Senior Judge: This matter returns to the court following a remand of the U.S. Department of Commerce's ("Commerce") final affirmative determination of circumvention of the antidumping duty order on certain wire rod from Mexico ("Wire Rod Order"). See Carbon and Certain Alloy Steel Wire Rod from Mexico, 77 Fed. Reg. 59,892 (Dep't Commerce Oct. 1, 2012) (...
