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The U.S. Court of International Trade for the last week of August 2012 posted and / or released the following opinions and actions. For an electronic version of text of the slip opinions, click on the direct hyperlink to the
court’s website, as provided below:
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Fine Furniture (Shanghai) Ltd. v. United States, Slip Op. 12-113 (CIT August 31, 2012): Concerning a request for review of determinations made by the Commerce Department in the countervailing duty investigation of multilayered wood flooring from China, the court (1) affirmed Commerce's use of adverse facts available in calculating the value of the less than adequate remuneration subsidy and the inclusion of the basic electricity tariff in the final determination, (2) remanded Commerce's inclusion of certain companies on the list of non-cooperating companies.
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United States v. Active Frontier Int'l, Inc., Slip Op. 12-112 (CIT August 30, 2012): Concerning civil penalty for alleged false statements of country of origin made upon entry of wearing apparel, the court denied without prejudice plaintiff's application for default judgment.
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Sioux Honey Ass'n v. United States, Slip Op. 12-111 (CIT August 29, 2012): The court dismissed action against surety for lack of jurisdiction.
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Far E. New Century Corp. v. United States, Slip Op. 12-110 (CIT August 29, 2012): In this challenge of Commerce’s administrative review of an antidumping duty order on certain polyester staple fibers from Taiwan, and Commerce’s use of its “zeroing” methodology in calculating the relevant dumping margin, the court remanded the case to Commerce.
The following confidential opinion was publicly released:
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A.L. Patterson, Inc. v. United States, Slip Op. 12-103 (CIT August 6, 2012; released August 17, 2012): Concerning a challenge of Commerce’s final scope ruling that the coil rod imports from China was within the scope of certain steel threaded rod from China, the court granted the plaintiff’s motion finding that the antidumping order includes the specific product and remanded to Commerce for a redetermination.
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.
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ANY TAX ADVICE IN THIS COMMUNICATION IS NOT INTENDED OR WRITTEN BY KPMG TO BE USED, AND CANNOT BE USED, BY A CLIENT OR ANY OTHER PERSON OR ENTITY FOR THE PURPOSE OF (i) AVOIDING PENALTIES THAT MAY BE IMPOSED ON ANY TAXPAYER OR (ii) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.
The information contained herein is of a general nature and based on authorities that are subject to change. Applicability of the information to specific situations should be determined through consultation with your tax adviser.
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