Exporter The Ancientree Cabinet Co. said both the government's and petitioner American Kitchen Cabinet Alliance's claims that the Commerce Department didn't need to make an export subsidy adjustment for Ancientree since the company failed to exhaust its administrative remedies "fail to properly contemplate" this requirement (The Ancientree Cabinet Co. v. United States, CIT # 23-00262).
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.
German paper exporter Koehler further defended its bid for an interlocutory appeal of the Court of International Trade's decision allowing the government to effect service on the company through its U.S. counsel (United States v. Koehler Oberkirch GmbH, CIT # 24-00014).
The U.S. asked for a voluntary remand at the Court of International Trade in a suit on the 2021-22 review of the antidumping duty order on mechanical tubing of carbon and alloy steel from Italy to reconsider the "single-entity treatment" of exporters Dalmine and Silcotub (ArcelorMittal Tubular Products v. United States, CIT # 24-00039).
The following lawsuits were recently filed at the Court of International Trade:
The Office of Foreign Assets Control sanctioned Russian national Sergey Ivanov and virtual currency exchange Cryptex, which is operated by Ivanov. The move was announced concurrently with enforcement action from various U.S. and international enforcement agencies, including an indictment unsealed against Ivanov and fellow Russian national Timur Shakhmametov.
The EU officially filed dispute consultation requests at the World Trade Organization on Sept. 25 regarding China's decision to open an investigation on certain dairy products from the EU. The European Commission announced the move earlier this week, saying the probe marks a pattern of China opening trade defense measures "based on questionable allegations and insufficient evidence" (see 2409230014).
International trade attorney Chris Clark is departing Squire Patton for DLA Piper, he confirmed with Trade Law Daily. Clark has worked as an associate at Squire Patton since 2018 and will join DLA Piper as an associate.
The U.S. on Sept. 24 moved to dismiss mattress importer Pay Less Here's suit on the International Trade Commission's critical circumstances finding on mattresses from Burma, saying the company failed to file an entry of appearance in the proceeding. The government said that, as a result of this failure, the company isn't an "interested party" that can challenge the determination at the Court of International Trade (Pay Less Here v. U.S., CIT # 24-00152).
The U.S. Court of Appeals for the Federal Circuit on Sept. 24 recaptioned an appeal of an antidumping duty case after importer Worldwide Distribution said it no longer wishes to take part in the case, given that it failed to file a notice of appeal (see 2409160010). As a result, the court lifted the stay in the case and gave exporter Sahamitr Pressure Container 60 days to file its opening brief. Sahamitr originally brought suit to challenge the 2019-20 review of the AD order on steel propane cylinders from Thailand. The Court of International Trade said Sahamitr failed to undermine Commerce's finding that the company's monthly-based calculation of its sales costs were distortive (see 2405020029) (Sahamitr Pressure Container v. U.S., Fed. Cir. # 24-2043).
The U.S. and importer Cozy Comfort traded briefs at the Court of International Trade seeking to discredit the other side's evidence ahead of a bench trial on the classification of the importer's wearable blanket, called The Comfy (Cozy Comfort Company v. United States, CIT # 22-00173).