Judges at the U.S. Court of Appeals for the Federal Circuit pressed counsel for importer Blue Sky the Color of Imagination and the government during oral argument on Oct. 7 in the importer's customs classification suit on its notebooks with calendars. During the argument, Judges Alan Lourie, Raymond Chen and William Bryson grappled with whether the court is bound by its 2010 ruling in Mead v. U.S. and whether the goods are properly classified as calendars or diaries (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
The Commerce Department erred in deciding to "smooth" antidumping duty respondent Prolamsa's production costs in the 2022-23 administrative review of the AD order on heavy walled rectangular carbon welded steel pipes and tubes from Mexico, Prolamsa argued in an Oct. 3 complaint at the Court of International Trade (Productos Laminados de Monterrey v. United States, CIT # 25-00195).
The Commerce Department properly decided on remand not to countervail an exemption from Turkey's Banking and Insurance Transactions Tax on foreign exchange transactions, the Court of International Trade held in an Oct. 6 decision. In upholding the 2023 administrative review of the countervailing duty order on steel concrete reinforcing bar from Turkey, Judge Gary Katzmann also sustained Commerce's decision to use a report from Colliers International as the benchmark for valuing the rent-free lease of land to respondent Kaptan's affiliate Nur over a report from Cushman & Wakefield.
A World Trade Organization dispute panel on Oct. 2 found that the EU violated its WTO commitments in its antidumping and countervailing duty proceedings on stainless steel cold-rolled flat products from Indonesia. Specifically, the dispute panel rejected the European Commission's attempt to countervail Chinese transnational subsidies in the Indonesian steel sector.
The Commerce Department erred in using likely selling prices as facts otherwise available for antidumping duty respondent AG der Dillinger Huttenwerke's cost of production, the U.S. Court of Appeals for the Federal Circuit held on Oct. 6. Judges Alan Lourie, Timothy Dyk and Jimmie Reyna held that where there's a gap to fill on the record, "there must be a reasonable relationship between the selected facts otherwise available and the gap to be filled."
John Foote, former chief of Kelley Drye's customs practice, has joined Sidley as a partner in the global arbitration, trade and advocacy practice, the firm announced. Foote, who worked at Kelley Drye since 2020, represents clients on various customs matters at both the administrative and judicial levels, including classification, valuation, country of origin, drawback, tariff exclusions, withhold release orders and antidumping/countervailing duty evasion issues, Sidley said. Prior to joining Kelley Drye, Foote worked as an associate and partner at Baker McKenzie for six years.
Court of International Trade Judge Gary Katzmann granted the government's stay request in various cases before him, due to the federal government shutdown. The judge gave the U.S. five days to file a status report after the shutdown ends to propose revised deadlines for the cases. Katzmann's approach differs slightly from the other judges, who largely also stayed the cases in which the U.S. had requested a pause, though the judges gave the U.S. a range of seven to 14 days to file a status report (see 2510020051). Judge Jennifer Choe-Groves extended the government's deadlines "commensurate with the duration of the lapse in appropriations," while Judge Jane Restani was the only judge to deny the stay motions, writing that the U.S. can seek specific relief if a deadline looms before the end of the shutdown.
Court of International Trade Judge Thomas Aquilino is now an inactive judge at the trade court, CIT Clerk of Court Gina Justice confirmed to Trade Law Daily. Judge Mark Barnett reassigned the cases pending before Aquilino to other CIT judges. Justice said Aquilino, who was appointed to the court in 1985 by President Ronald Reagan, is "subject to recall if needed." The judge assumed senior status in 2004.
A Los Angeles-based wholesale clothing importer and two of its executives were sentenced on Sept. 29 for avoiding payment of over $8 million in customs duties on imported clothing and money laundering, the U.S. Attorney's Office for the Central District of California announced.
The U.S. Court of Appeals for the Federal Circuit on Oct. 3 issued its mandate in an antidumping duty and countervailing duty scope case on importer Valeo North America's T-series aluminum sheet. In August, the Federal Circuit said the Commerce Department properly included Valeo's sheet in the scope of the AD/CVD orders on common alloy aluminum sheet from China (see 2508120034). The court disagreed with the importer as to the ambiguity in the orders' scope and on whether its aluminum sheet falls outside the orders' scope, since it's heat-treated (Valeo North America v. United States, Fed. Cir. # 24-1189).