During oral arguments March 26 for weekly and monthly planner classification case, Court of International Trade Judge Jane Restani told parties that the Harmonized Tariff Schedule is written in British, not American, English (Blue Sky The Color of Imagination v. U.S., CIT # 21-00624).
Court of Federal Appeals Trade activity
The National Courts Building -- home of the U.S. Court of Appeals for the Federal Circuit -- didn't receive U.S. Postal Service mail March 20-22. As a result, the court clarified in a March 26 notice that deadlines for nonelectronic filings and submission due March 20-22 and submitted via mail "will be deemed as timely filed if received on Monday, March 25, 2024. All other deadlines are unaffected."
U.S. Court of Appeals for the Federal Circuit Judge Evan Wallach on March 25 deferred exporter Oman Fasteners' motion to dismiss an interlocutory appeal in an antidumping duty case to the three-judge merits panel assigned to the case. The appeal came from petitioner Mid Continent Steel & Wire from the Court of International Trade's decision to impose an injunction on the Commerce Department's AD cash deposits on Oman Fasteners' steel nail imports. Oman Fasteners moved to dismiss the appeal, claiming that since the injunction is no longer active since Commerce completed the next review of the AD order, there's no live controversy (see 2401300069). The trade court granted the injunction after finding the agency abused its discretion in setting a 154.33% AD rate on the exporter for narrowly missing a filing deadline (Oman Fasteners v. U.S., Fed. Cir. # 23-1661).
A group of U.S. mattress makers, led by Brooklyn Bedding, opposed exporter CVB's request for a 60-day extension in which to file its opening brief in an injury suit at the U.S. Court of Appeals for the Federal Circuit. Only consenting to a 14-day extension, the mattress makers said CVB "has failed to show good cause exists" for a longer extension since the trade court's decision in the suit was issued over 90 days ago (CVB v. United States, Fed. Cir. # 24-1504).
Correction: Indian exporter Kumar appealed a decision sustaining the Commerce Department's assignment of a 13.61% adverse facts available antidumping rate to the exporter (see 2403140027).
The U.S. Court of Appeals for the Federal Circuit on March 20 granted Indian exporter Kumar Industries' motion to voluntarily dismiss its appeal of an antidumping duty case. Kumar had appealed a decision sustaining the Commerce Department's assignment of a 13.61% adverse facts available AD rate to the exporter based on its "inadequate explanations" regarding one of its partners' ownership interests in two unnamed companies (see 2311270005). The rate came as part of the first review of the AD order on glycine from India, which found that Kumar prevented Commerce from conducting a proper affiliate analysis. Kumar withdrew the appeal last month, saying it "elected not to further pursue its appeal" (see 2402260033) (Kumar Industries v. United States, Fed. Cir. # 24-1293).
The U.S. defended the Commerce Department before the U.S. Court of Appeals for the Federal Circuit on March 18 regarding a number of decisions it made during its 13th administrative review of the antidumping duty order on activated carbon from China, including its selection of two Malaysian exporters as surrogates over a respondent’s opposition (Carbon Activated Tianjin Co., Ltd. v. U.S., Fed. Cir. # 23-2413).
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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).
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).