OPINION [Defendant's motion to dismiss is granted.] JANE A. RESTANI , Judge . This matter is before the court on defendant United States' ("the government") motion to dismiss the complaint filed by the Jankovich Company ("Jankovich"), for lack of subject-matter jurisdiction pursuant to U.S. Court of International Trade Rule 12(b)(1). Jankovich could have brought its claims under 28 U.S.C. 1581(a), but failed to perfect jurisdiction under that section by filing a proper protest. Because...
OPINION AND ORDER Stanceu , Chief Judge . In this litigation, plaintiff Trade Associates Group, Ltd. ("Trade Associates"), a U.S. importer of candles, contested a 2011 "Final Scope Ruling" of the International Trade Administration, U.S. Department of Commerce ("Commerce" or the "Department"), which interpreted the scope of an antidumping duty order (the "Order") on certain petroleum wax candles from the People's Republic of China ("China" or the "PRC"). Final Scope Ruling: Antidumping...
OPINION [Plaintiff's motion for summary judgment is granted, in part, and defendant's cross-motion for summary judgment is granted, in part.] RICHARD K. EATON , Judge . This matter is before the court on the cross-motions for summary judgment of plaintiff United States ("plaintiff" or "the Government"), on behalf of the United States Customs and Border Protection Agency ("Customs"), and defendant American Home Assurance Company ("defendant" or "AHAC"). See Pl.'s Mot. for Summ. J. (ECF...
OPINION Stanceu , Chief Judge : In this consolidated action, 1 several plaintiffs contest a negative "less-than-fair-value" ("LTFV") determination the International Trade Administration, U.S. Department of Commerce ("Commerce" or the "Department") issued to conclude an antidumping duty investigation of certain oil country tubular goods ("OCTG") from Saudi Arabia. Commerce reached the negative determination, and terminated the investigation, based upon the de minimis dumping margin it...
OPINION Stanceu , Chief Judge : Plaintiffs Jubail Energy Services Company ("JESCO") and Duferco SA ("Duferco") (collectively, "plaintiffs") contest a negative amended final "less-than-fair-value" determination of the International Trade Administration, U.S. Department of Commerce ("Commerce" or the "Department") that concluded an antidumping duty investigation of oil country tubular goods ("OCTG") from Saudi Arabia. In contesting this determination, plaintiffs, who together were the...
OPINION Restani , Judge : This matter is before the court on plaintiff Ethan Allen Operations, Inc.'s ("Ethan Allen") motion for judgment upon the agency record pursuant to USCIT Rule 56.2. See Mem. of P. & A. in Supp. of Pl. Ethan Allen Operations, Inc.'s CIT Rule 56.2 Mot. for J. on the Agency R., ECF No. 29-2 ("Ethan Allen Br."). Ethan Allen challenges the United States Department of Commerce's ("Commerce") determination that certain chests imported by Ethan Allen fall within the...
OPINION Musgrave , Senior Judge : The defendant's International Trade Administration, U.S. Department of Commerce ("Commerce") has submitted its third Final Results of Redetermination Pursuant to Court Remand ("Redetermination " or "RR3") on the antidumping duty investigation into Certain Coated Paper from the PRC. 1 Familiarity with the case 2 is presumed. To summarize, the investigation was remanded for (1) further insight into the use of market economy purchase ("MEP") prices for...
OPINION BARNETT , Judge : Defendant, the United States, moves, pursuant to USCIT Rules 12(b)(1) and 56, to dismiss allegations of subject matter jurisdiction pursuant to 28 U.S.C. 1581(i) in the Complaint of Plaintiff, American Power Pull Corporation, and for summary judgment on all remaining claims brought pursuant to 28 U.S.C. 1581(a). Def.'s Mot. to Dismiss for Lack of 28 U.S.C. 1581(i) Subject Matter Jurisdiction; Def.'s Mot. for Summ. J.; & Def.'s Mot. to Stay Further Disc. (...
OPINION [Remanding third 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 concerns the third administrative review conducted by the defendant International Trade Administration, U.S. Department of Commerce ("Commerce") of Diamond Sawblades from the People's Republic of China ("PRC) (" Third Review ") 1 covering the 2011-2012 period. As with the two prior...
MEMORANDUM AND ORDER KELLY , Judge : This consolidated action challenges various aspects of the Department of Commerce's ("Department" or "Commerce") final determination in Certain Frozen Fish Fillets From the Socialist Republic of Vietnam, 80 Fed.Reg. 2,394 (Dep't Commerce Jan. 16, 2015) (final results of the tenth antidumping duty administrative review; 2012-2013) (" Final Results "). Plaintiffs/Consolidated Plaintiff-Intervenors An Giang Fisheries Import and Export Joint Stock...
OPINION EATON , Judge : This matter is before the court on the cross-motions for summary judgment of plaintiff, the United States ("plaintiff" or the "United States"), on behalf of the United States Customs and Border Protection Agency ("Customs"), and defendant American Home Assurance Company ("defendant" or "AHAC"). See Pl.'s Cross Mot. for Summ. J. (ECF Dkt. No. 41-1); Def. American Home Assurance Company's Mot. for Summ. J. (ECF Dkt. No. 44) ("Def.'s Br."). In this action, the...
OPINION and ORDER POGUE , Senior Judge : In this action, Plaintiff, American Fiber & Finishing, Inc. ("AFF"), challenges the denial of its protests made pursuant to 514 of the Tariff Act of 1930, as amended, 19 U.S.C. 1514 (2012), 1 and 19 C.F.R. 174.11 (2012), by the Bureau of Customs and Border Protection ("CBP" or "Customs"). In those protests, and now before the court, Plaintiff claims that Customs incorrectly assessed the rate and amount of duties chargeable in liquidating 2...
OPINION [Sustaining 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 . The prior opinion on this matter remanded the plaintiff's challenge to the second administrative review of Diamond Sawblades from the People's Republic of China ("PRC) covering the 2010-2011 period. 1 See 38 CIT ___, Slip Op. 14-112 (Sep. 23, 2014). The final results of remand (" Final Remand...
OPINION [Sustaining results of redetermination of first administrative review antidumping duty order on diamond sawblades and parts thereof from the People's Republic of China.] R. KENTON MUSGRAVE , Senior Judge . Musgrave, Senior Judge Diamond Sawblades and Parts Thereof from the People's Republic of China ("PRC"), 78 Fed. Reg. 11143 (Feb. 15, 2013), and accompanying issues and decision memorandum (Feb. 8, 2013) (" IDM "), PDoc 353, which concerns the first administrative review of...
OPINION TSOUCALAS , Senior Judge : This case concerns the Defendant United States Department of Commerce's ("Commerce") Final Results of the fourth administrative review ("AR4") of the antidumping order on lightweight thermal paper ("LWTP") from Germany. Lightweight Thermal Paper From Germany: Final Results of Antidumping Duty Administrative Review; 2011-2012, (" Final Results ") 79 Fed.Reg. 34,719 (June 18, 2014); Issues and Decision Memorandum for the 2011-2012 Final Results of the...
OPINION RESTANI , Judge : This action challenges the Department of Commerce's ("Commerce") final determination rendered in the antidumping ("AD") duty investigation of certain oil country tubular goods ("OCTG") 1 from the Republic of Korea ("Korea"). See Certain Oil Country Tubular Goods From the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances, 79 Fed.Reg. 41,983 (Dep't Commerce July 18, 2014) (" Final...
OPINION GORDON , Judge : Recently this Court granted Plaintiff United States ("the Government") partial summary judgment with respect to unpaid duties resulting from the misclassification of imports of various types of plywood by Defendant Horizon Products International, Inc. ("Horizon"). United States v. Horizon Prods. Int'l, Inc., 39 CIT ____, 82 F.Supp.3d 1350 (2015). Additionally, the court awarded the Government equitable prejudgment interest on those unpaid duties. Id. Lastly the...
OPINION AND ORDER [Denying motion to dismiss, granting motion for preliminary injunction, and granting motion for voluntary remand of determination in section 129 proceeding to partially revoke antidumping duty order on diamond sawblades and parts thereof from the People's Republic of China.] R. KENTON MUSGRAVE , Senior Judge . The plaintiff, Diamond Sawblades Manufacturers' Coalition ("DSMC"), brought this suit to challenge a determination of the International Trade Administration, U.S....
OPINION AND ORDER [Remanding second (2011-2012) administrative review of antidumping duty order on seamless copper pipe and tube from the People's Republic of China for further proceedings.] R. KENTON MUSGRAVE , Senior Judge . This consolidated case represents separate actions filed by nominal plaintiffs ("Golden Dragon" or "GD") and nominal intervenor-defendants ("Mueller") challenging aspects of the second (2011-2012) administrative review compiled by the defendant United States...
OPINION AND ORDER [The court stays the case.] RICHARD W. GOLDBERG , Senior Judge . Plaintiffs Deacero S.A. de C.V. and Deacero USA, Inc. (collectively, "Deacero") take issue with the U.S. Department of Commerce's ("Commerce") continuation of the antidumping duty order on carbon and certain alloy steel wire rod from Mexico following five-year review. Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago, 79 Fed. Reg. 38,008 (Dep't...
