Attorneys at Crowell & Moring asked the Court of International Trade on Dec. 11 for a hearing regarding its motion for a preliminary injunction in its lead case seeking refunds from tariffs imposed under the International Emergency Economic Powers Act (AGS Company Automotive Solutions v. United States, CIT # 25-00255).
The Court of International Trade "rewrote" a precedential decision from the U.S. Court of Appeals for the Federal Circuit and "effectively nullified" three AD/CVD orders on magnesia carbon bricks (MCBs) from China when it held that MCBs that contain any amount of alumina are excluded from the orders, the Magnesia Carbon Bricks Fair Trade Committee said (Fedmet Resources v. United States, Fed. Cir. # 26-1160).
The following lawsuits were filed recently at the Court of International Trade:
Chinese lidar company Hesai Technology filed its opening brief in its appeal of its case contesting its designation as a "Chinese military company," arguing that the Pentagon adopted an "absurdly broad reading of" the law, Section 1260H, and that the lower court "adopted a capacious view of the [Defense] Department's listing authority and a cramped view of Hesai's obvious prejudice" (Hesai Technology v. U.S. Dep't of Defense, D.C. Cir. # 25-5256).
The Commerce Department excluded exporter Export Packers Company's individually quick frozen cooked garlic cloves from the scope of the antidumping duty order on fresh garlic from China on remand at the Court of International Trade. Submitting its remand results on Dec. 9 under protest, Commerce said that while it disagrees with the trade court's reasoning for remanding the case, it's respecting the court's ruling and following "the Court's logic, under protest, to its natural conclusion" and excluding the company's products from the AD order (Export Packers Company v. United States, CIT # 24-00061).
The Commerce Department dropped its finding that a South Korean electricity subsidy is de facto specific on remand in a case at the Court of International Trade concerning the 2021 administrative review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea (POSCO v. U.S., CIT # 24-00006).
The following lawsuits were filed recently at the Court of International Trade:
The U.S. filed a supplemental brief on Dec. 3 urging the U.S. Court of Appeals for the 9th Circuit to affirm a Montana court's decision to transfer a group of tribal members' tariff lawsuit to the Court of International Trade. The government said the plaintiffs will be able to fully adjudicate their claims at the trade court and that the 9th Circuit can't review the Montana court's transfer order, since it's not a final order nor an "immediately appealable collateral order" (Susan Webber v. U.S. Department of Homeland Security, 9th Cir. # 25-2717).
International Rights Advocates (IRAdvocates), an anti-forced labor advocacy group, filed suit last month against Apple, claiming the company engages in false and deceptive marketing of its products by touting the ethical sourcing of its minerals, while the actual sourcing of these minerals tells a different story.
The Commerce Department erred in not applying adverse facts available to antidumping duty respondent Tenaris Mexico for its failure to properly explain its "nonstandard basket category Threading codes" in the 2022-23 administrative review of the AD order on oil country tubular goods from Mexico, petitioner U.S. Steel argued in a Dec. 4 complaint at the Court of International Trade (United States Steel v. United States, CIT # 25-00243).