The U.S. and Indian exporters led by Kisaan Die Tech Private Limited on Sept. 30 reached a settlement in pair of cases on the 2018-19 review of the antidumping duty order on stainless steel flanges from India (Kisaan Die Tech Private Limited v. United States, CIT Consol. # 21-00512).
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
The U.S. Court of Appeals for the Federal Circuit on Oct. 1 granted dismissal of government's appeal contesting the erroneous deemed liquidation of its goods that were subject to suspended liquidation. The Court of International Trade had ruled Fraserview didn't need a protest to file its suit (see 2401250039). CIT said that because the statute for deemed liquidation requires that the entries not be suspended, CBP's notices of deemed liquidation didn't operate to actually liquidate the entries. The U.S. appealed the decision but dropped the matter in a joint stipulation filed in September (see 2409060005) (Fraserview Remanufacturing v. U.S., Fed. Cir. # 24-2049).
The Court of International Trade on Oct. 1 ordered that an evidentiary hearing be held on Oct. 16 in a suit from importer Retractable Technologies on the Office of the U.S. Trade Representative's 100% Section 301 tariff hike on needles and syringes. The importer filed the suit to seek a temporary restraining order and a preliminary injunction on the duties, claiming the tariffs could send it out of business (see 2409270025) (Retractable Technologies v. United States, CIT # 24-00185).
The U.S. on Sept. 30 told the U.S. Court of Appeals for the Federal Circuit that the Court of International Trade erred in rejecting its efforts to redact parts of the trade court's decision sustaining an International Trade Commission injury determination. The government said CIT "abused its discretion" in publicly disclosing information marked by the commission as business confidential (CVB, Inc. v. United States, Fed. Cir. # 24-1504).
Importer 3BTech asked the Court of International Trade to award it attorney's fees in a tariff classification case associated with the company's efforts in resolving the issue of the government's untimely submission of expert declarations. 3BTech said the U.S. willfully violated its disclosure obligations and "blindsided both" the company and the court by not telling either about its plans to work on the declarations when it requested an extension to file its cross-motion for judgment (3BTech v. United States, CIT # 21-00026).
The U.S. Court of Appeals for the Federal Circuit on Sept. 30 issued its mandate in an antidumping duty case brought by importer PrimeSource Building Products and exporter Cheng Ch International Co. The court held in its decision that the Commerce Department's use of only adverse facts available rates to set the rate for the non-individually examined respondents in antidumping proceedings, known as the "expected method," isn't presumptively unreasonable (see 2408070020) (PrimeSource Building Products v. United States, Fed. Cir. # 22-2128).
Exporter Eregli Demir ve Celik Fabrikalari (Erdemir) on Sept. 30 defended its bid to consolidate its three appeals at the U.S. Court of Appeals for the Federal Circuit regarding the sunset review of the antidumping duty order on hot-rolled steel flat products from Turkey. Erdemir said all three cases are "intertwined" since they are "based on the same triggering act" (Eregli Demir ve Celik Fabrikalari v. United States, Fed. Cir. # 24-2242).
The Court of International Trade on Sept. 30 granted a pair of voluntary dismissal motions from importer Travelway Group International on its two import classification cases. Both cases sought Section 301 exclusions for its backpack and bag entries of Harmonized Tariff Schedule subheadings 4202.92.3120 and 4202.92.3131. Counsel for Travelway didn't immediately respond to request for comment (Travelway Group International v. United States, CIT #s 22-00313, 23-00057).
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade on Sept. 27 granted exporter Zhejiang Jingli Bearing Technology Co.'s motion to sever and dismiss it from a lawsuit on the 2021-22 review of the antidumping duty order on tapered roller bearings from China. The suit will continue with plaintiffs Shanghai Tainai Bearing Co. and C&U Americas. The companies brought the case to allege that the Commerce Department unnecessarily applied partial adverse facts available and errantly conducted a pricing differential analysis (see 2403060080). Counsel for Zhejiang Jingli didn't immediately respond to a request for comment on the reason for its voluntary dismissal (Zhejiang Jingli Bearing Technology Co. v. U.S., CIT # 24-00038).