The Court of International Trade in a decision made public March 19 sent back the Commerce Department's decision to grant respondent Gujarat Fluorochemicals a constructed export price offset in the antidumping duty investigation on granular polytetrafluorethylene resin from India, despite finding that the company failed to establish the amount and nature of the offset.
A lawsuit between the trustee of a Russian businessman and his "long term" partner will go to trial after the U.K. High Court of Justice on March 13 declined to dismiss their defense, setting up a case that could shed light on the role sanctioned parties play in property disputes.
Christopher Curran, litigation partner at White & Case, has joined a scope case at the U.S. Court of Appeals for the Federal Circuit on behalf of Japanese exporter Sigma Corp., according to a March 18 order from the appellate court. The suit was originally brought by manufacturer Vandewater International on whether its steel branch outlets fall within the scope of the antidumping duty order on butt-weld pipe fittings from China (see 2306020065). Curran joins trade lawyers Lucius Lau, Ron Kendler and Walter Spak in representing Sigma (Vandewater International v. U.S., Fed. Cir. # 23-1093).
The Court of International Trade on March 18 said that the U.S. waited too long to send surety firm Aegis Security Insurance Co. a bill for an unpaid customs bond on Chinese garlic imports that entered in 2004. Judge Stephen Vaden said that the government's eight-year delay in demanding the payment from Aegis "was unreasonable and a breach of contract." The court said the delay broke the "reasonable time requirement" -- an "implied contractual term."
Australia, Japan and Singapore believe a second version of a text on e-commerce reforms "could pave the way for the conclusion of the agreement by the summer," the World Trade Organization said in a press release last week.
Parties in Judge Pauline Newman's suit against her colleagues' investigation into her fitness to continue serving on the U.S. Court of Appeals for the Federal Circuit released a briefing schedule on March 14 at the U.S. District Court for the District of Columbia. Newman will submit her response to her colleagues' motion for judgment on the pleadings on April 5, and the three CAFC judges will file their reply April 19. Judges Kimberly Moore, Sharon Prost and Richard Taranto submitted their motion for judgment last week, arguing that Newman's constitutional claims fell flat (see 2403110054) (Hon. Pauline Newman v. Hon. Kimberly Moore, D.D.C. # 23-01334).
Exporter PT. Zinus Global Indonesia on March 14 dismissed its lawsuit at the Court of International Trade challenging the 2020-22 review of the antidumping duty order on mattresses from Indonesia. The exporter filed the complaint in the case last month, contesting the Commerce Department's constructed value profit and selling expense ratios, treatment of B grade mattress sales as U.S. sales and differential pricing analysis. No reason was provided as to the suit's dismissal (PT. Zinus Global Indonesia v. United States, CIT # 24-00004).
CBP violated Phoenix Metal Co.'s due process rights by not giving it notice and a chance to comment on interim measures imposed in an Enforce and Protect Act case on the company's cast iron soil pipe imports, the company said March 15 (Phoenix Metal Co. v. United States, CIT # 23-00048).
The U.S. told the Court of International Trade in a March 15 reply brief that importer Katana Racing has failed to submit any evidence that would be admissible at trial to rebut the govenrment's claims in a customs penalty suit. The U.S. said Katana only pointed to "hearsay" in addressing the government's arguments that the company was the importer of record for the 386 entries at issue and that the importer negligently entered the goods via "material and false statement" (United States v. Katana Racing, CIT # 19-00125).
The following lawsuit was recently filed at the Court of International Trade: