The Court of International Trade in a Feb. 8 opinion made public Feb. 13 remanded parts and sustained parts of the Commerce Department's antidumping duty investigation on thermal paper from Germany. Judge Gary Katzmann sustained Commerce's inclusion of exporter Koehler Paper's "Blue4est" paper product within the scope of the investigation, its coding of the dynamic sensitivity product characteristic and its application of price adjustments for some home market rebates.
Bridget McGovern, former assistant secretary for trade and economic security at DHS, joined Squire Patton as a partner in the public policy practice, the firm announced. McGovern will focus on national security and trade issues, including reviews by the Committee on Foreign Investment in the U.S. She worked for over two years at DHS, where she served as an agency representative to CFIUS and helped implement the Uyghur Forced Labor Prevention Act Entity List.
The 13th Ministerial Conference must deliver on proposals aimed at strengthening existing flexibilities in World Trade Organization agreements for developing nations, Director-General Ngozi Okonjo-Iweala urged last week. Ten agreement-specific proposals, which were tabled by the WTO G-90 group of developing WTO nations, are ripe for action at MC13, Feb. 26-29, according to WTO.
World Trade Organization Deputy Director-General Angela Ellard said that priorities for the 13th Ministerial Conference, which takes place Feb. 26-29 in Abu Dhabi, are negotiating the second wave of the fisheries subsidies agreement, extending the e-commerce moratorium and continuing conversations on WTO reform.
German exporter AG der Dillinger Huttenwerke will appeal a December Court of International Trade decision sustaining the Commerce Department's antidumping duty investigation on carbon and alloy steel cut-to-length plate from Germany. The company will take the case to the U.S. Court of Appeals for the Federal Circuit, where it will contest the decision to uphold Commerce's proposed quality code for sour service pressure vessel plate (see 2312210054). The court said Dillinger didn't make the "requisite showing to demonstrate that reconsideration is appropriate" after the court already rejected the claim (AG der Dillinger Huttenwerke v. United States, CIT # 17-00158).
The Court of International Trade in a Feb. 8 confidential order sustained in part and remanded in part the Commerce Department's findings in an antidumping duty proceeding on thermal paper from Germany. In a letter, Judge Gary Katzmann gave the litigants until Feb. 12 to review the confidential information in the opinion ahead of issuing the public version of the decision (Mantra Americas v. United States, CIT Consol. # 21-00632).
The Court of International Trade on Feb. 12 sustained the Commerce Department's use of facts available for antidumping duty respondent Euro SME's inland freight costs for its U.S. sales. Judge Stephen Vaden said that contrary to the exporter's claim that Commerce "threw the book at it," the agency "acted with deliberation, patience, and arguably stayed its hand when it could have drawn adverse inferences more broadly against such a seasoned respondent."
The statutory basis for the U.S. trade representative's lists 3 and 4A tariffs -- Section 307 of the Trade Act of 1930 -- only allows for a "modification" of existing duties and not a "radical and unprecedented seven-fold escalation launching an unbounded trade war with China," appellants in the massive lawsuit challenging the Section 301 tariffs on China told the U.S. Court of Appeals for the Federal Circuit on Feb. 12 (HMTX Industries v. United States, Fed. Cir. # 23-1891).
Indonesia requested dispute consultations at the World Trade Organization on Feb. 12 regarding the EU's antidumping duties on fatty acids from Indonesia, the WTO announced. Indonesia said the duties violate the WTO's Anti-Dumping Agreement and the General Agreement on Tariffs and Trade. The request formally starts the dispute and sets up both parties to start a 60-day consultation period. Should consultations prove unsuccessful, "the complainant may request adjudication by a panel," the WTO said. The dispute concerns fatty acids, which are used in a "variety of consumer products as well as industrial lubricants."
The U.S. District Court for the District of Columbia on Feb. 12 dismissed a host of claims from U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman against three of her colleagues for their investigation on Newman's fitness to continue serving on the court. Judge Christopher Cooper also rejected Newman's bid for an injunction against the CAFC Judicial Council's one-year ban on Newman hearing new cases at the court (see 2309200024) (Hon. Pauline Newman v. Hon. Kimbelry Moore, D.D.C. # 23-01334).