Sumecht NA, Inc. v. United States

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The Department of Commerce imposed an antidumping duty on crystalline silicon photovoltaic cells, whether or not assembled into modules, from China. Commerce assigned Sumec Hardware a separate rate, 24.48%, assigning Sumec’s China-wide entity a margin of 249.96%. In 2015, Hardware's margin was amended to 13.18% pursuant to the U.S. Trade Representative’s decision to implement a related World Trade Organization determination. Commerce later reconsidered and assigned Hardware the China-wide rate. The Trade Court affirmed. Commerce then published a Timken notice, suspended liquidation of entries in accordance with the decision, and later instructed Customs to collect cash deposits on subject merchandise exported by Hardware at the China-wide rate of 238.95% for any entries made after October 15, 2015. In March 2016, Commerce issued liquidation instructions, ordering Customs to liquidate all Hardware entries “at the cash deposit . . . rate in effect.” Sumec sought an injunction, alleging that Commerce should have set the “date for the change in liquidation rate as the date of publication of the Timken [n]otice,” (November 23, 2015) rather than October 15, and that Hardware made entries during this 39-day period, which should have been subject to the 13.18% separate rate. The Federal Circuit affirmed the denial of Sumec’s Motion; Sumec failed to demonstrate irreparable harm. View "Sumecht NA, Inc. v. United States" on Justia Law