U.S. Court of International Trade - Slip opinions for December 17-21 

December 21: The U.S. Court of International Trade posted and / or released the following opinions and actions for the period December 17 – 21, 2012.

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


  • Tianjin Magnesium Int'l Co. v. United States, Slip Op. 12-158 (CIT December 21, 2012): Following an extension of time in which to respond to Commerce's reconsideration of its inconsistent application of adverse facts available in an antidumping duty administrative review of pure magnesium from China, the plaintiff failed to object to the remand determination within the time frame it requested. The court, therefore, denied the plaintiff's motion for rehearing, finding that the plaintiff (1) had full opportunity to timely present its arguments and (2) failed to present any new factual or legal authority that was unavailable at the time its objections were due.

    Read the opinion: [PDF 43 KB]


  • United States v. Santos, Slip Op. 12-157 (CIT December 21, 2012): Concerning an action by CBP to recover civil penalties in the amount of $19,000 from a customs broker for violating CBP regulations, the court granted default judgment against the defendant.

    Read the opinion: [PDF 56 KB]


  • Mueller Commercial De Mexico, S. de R.L. de C.V. v. United States, Slip Op. 12-156 (CIT December 21, 2012): Action concerning an administrative review conducted by Commerce of the antidumping duty order covering certain circular welded non-alloy steel pipe from Mexico. The court denied plaintiffs' motion for judgment of agency record and sustained final administrative review results.

    Read the opinion: [PDF 40 KB]


  • AMS Assocs., Inc. v. United States, Slip Op. 12-154 (CIT December 18, 2012): Concerning an administrative review of the relevant antidumping duty order, the defendant issued instructions retroactively suspending liquidation of the plaintiff’s entries. The court found the suspension instructions ultra vires and remanded the case to Commerce for actions consistent with this opinion.

    Read the opinion: [PDF 34 KB]


  • United States v. Millenium Lumber Distribution Co. Ltd., Slip Op. 12-153 (CIT December 18, 2012): Concerning plaintiffs assertion that the defendant breached the terms of its customs bonds by not providing required export permits to CBP resulting in $1.8 million in liquidating damages, the court denied defendants motion for judgment on the pleadings.

    Read the opinion: [PDF 52 KB]

The following confidential opinion was publicly released:


  • Jiangsu Changbao Steel Tube Co., Ltd. v. United States, Slip Op 12-135 (CIT November 14, 2012, Public version posted December 18, 2012): In an action concerning review of determinations made by Commerce during an antidumping investigation of oil country tubular goods from the People’s Republic of China, the court sustained the final determination of sales at less than fair value.

    Read the opinion: [PDF 75 KB]

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


  • Former Employees of Western Digital Techs., Inc. v. United States Sec'y of Labor, Slip Op. 12-155 (CIT December 21, 2012)


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


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