U.S. Court of International Trade - Slip opinions for November 30 - December 7 

For an electronic version of text of the slip opinions, click on the direct hyperlink to the court’s website, as provided below:

• Husqvarna Constr. Prods. North America et al., v. United States, Slip Op 12-150 (CIT December 6, 2012): A petition for a writ of mandamus on imports diamond sawblades and parts thereof from China; the plaintiffs seek to compel Commerce to set a “provisional cash deposit rate” and issue corresponding cash deposit instructions to CBP. The court found that no clear duty is imposed by the statutory time limits, and that there is no right to have the writ issue directing the assignment of a provisional cash deposit rate. Therefore, petition for a writ of mandamus is denied.
  
  Read the opinion [PDF 75 KB]



• Fischer S.A. Comercio, Industria and Agricultura v. United States, Slip Op 12-149 (CIT December 6, 2012): Concerning orange juice from Brazil, the court found that the final results of the antidumping duty administrative review issued by Commerce were supported by substantial evidence and were otherwise in accordance with the law.
  
  Read the opinion [PDF 60 KB]



• United States v. NJC Int'l, Inc., Slip Op 12-148 (CIT December 6, 2012): U.S. Customs and Border Protection (CBP) asserted gross negligence on the part of an importer of goods alleged to be textile products from China subject to quota requirements, falsely declared to be of Hong Kong origin with an entered value of about $58,000. CBP alleged further that the principal officer knowingly participated in the falsehood. Because of a failure to respond to CPB’s motion for summary judgment and/or the court's order to show cause why judgment was not to be be entered, judgment entered jointly and severally against the two defendants for the sum certain claimed by CBP, together with post- judgment interest, as requested, and costs.
  
  Read the opinion [PDF 36 KB]



• MacLean-Fogg Co. v. United States, Slip Op 12-146 (CIT November 30, 2012): Concerning Commerce's application of the all-others 374.15% countervailing duty rate to a group of exporters of extruded aluminum from China, the court affirmed Commerce's final results upon redetermination, in which Commerce explained how its assumption (that the exporters, like the mandatory respondents in this investigation, used 100% of subsidies available throughout China) was remedial and not punitive.
  
  Read the opinion [PDF 50KB]



• Ad Hoc Shrimp Trade Action Comm. v. United States, Slip Op 12-145 (CIT November 30, 2012): On motion to remand Commerce's review of the antidumping duty order on certain frozen warmwater shrimp from China, the court sustained Commerce’s mandatory respondent selection; remanded Commerce’s selection of India as the primary surrogate country for China; and deferred judgment regarding Commerce’s labor valuation, as well as Commerce’s decision not to exclude data on Indian imports from North Korea when calculating surrogate labor factor of production values.
  
  Read the opinion [PDF 65 KB]

The following opinion is confidential (public version to be posted when available):

• Advanced Tech. & Materials Co., Ltd v. United States, Slip Op 12-147 (November 30, 2012)

For more information, contact a professional with KPMG’s Trade & Customs practice:

Douglas Zuvich

(312) 665-1022

Andrew Siciliano

(631) 425-6057

John L. McLoughlin

(267) 256-2614

Todd R. Smith

(949) 885-5617

Luis A. Abad

(212) 954-3094

Amie Ahanchian

(202) 533-3247

Or your local KPMG Trade & Customs professional.