Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Court of Federal Appeals Trade activity
The U.S. Court of Appeals for the Federal Circuit issued its mandate Sept. 1 in a case on the Commerce Department's use of adverse facts available against countervailing duty respondent Jangho Group. In a ruling on the 2013 review of the CVD order on aluminum extrusions, the appellate court upheld the Court of International Trade in its ruling that Commerce properly found the Chinese government and Jangho Group failed to respond to the best of their ability on whether aluminum extrusions producers are "authorities" (see 2205100076) (Taizhou United Imp. & Exp. Co. v. U.S., Fed. Cir. # 22-2000).
Counsel for importer Magid Glove & Safety Manufacturing Co. was allowed by the U.S. Court of Appeals for the Federal Circuit to appear remotely for the company's oral argument in its customs suit on plastic-dipped knit gloves. Magid Gloves brought its case to the appellate court after the Court of International Trade said the gloves belong under Harmonized Tariff Schedule heading 6116 instead of under heading 3926 (see 2203280037). In its arguments, the importer said the case rests on the definition of "completely embedded," claiming that "if the knit fabric making up the shell of the glove is completely embedded in plastic, the gloves" would not fit under Section XI and, thus, from heading 6116 (Magid Glove & Safety Manufacturing Co. v. United States, Fed. Cir. # 22-1793).
Door thresholds imported by Worldwide Door Components and Columbia Aluminum Products are both expressly and generally within the scope of antidumping and countervailing orders on aluminum extrusions from China, petitioner Aluminum Extrusions Fair Trade Committee said in an Aug. 29 reply at the U.S. Court of Appeals for the Federal Circuit (Worldwide Door Components v. U.S., Fed. Cir. # 23-1532) (Columbia Aluminum Products v. U.S., Fed. Cir. # 23-1534).
Exporter Tau-Ken Temir waived its arguments against the Commerce Department's decision to grant the company's first two extension requests in part and reject the third request, the U.S. argued in a reply brief at the U.S. Court of Appeals for the Federal Circuit. The government said that because TKT did not raise the issues either at Commerce or at the Court of International Trade in its case on the countervailing duty investigation on silicon metal from Kazakhstan, the appellate court need not address the claims (Tau-Ken Temir v. U.S., Fed. Cir. # 22-2204).
The U.S. Court of Appeals for the Federal Circuit in an Aug. 28 order allowed the Canadian government and eight Canadian exporters to file an amicus brief in a case on the Commerce Department's use of the Cohen's d test as part of its analysis to root out "masked" dumping. The Canadian government and companies asked for leave to file the brief earlier this month in the case in which the appellate court originally questioned the use of the test, arguing that Commerce is not using the statistical tool "in any coherent sense" (see 2308020027). The brief objected to the agency's defense of the test, which said that it can use the tool despite not satisfying base statistical assumptions since it is using the whole population of data instead of a sample (Stupp Corp. v. U.S., Fed. Cir. # 23-1663).
Mediation was unsuccessful in a case from U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman against three of her colleagues' investigation into the judge's fitness to continue serving on the court. Per a joint status report submitted to the U.S. District Court for the District of Columbia, the parties are looking to continue briefing on Newman's motion for a preliminary injunction against the Federal Circuit Judicial Council's order barring Newman from receiving new cases (Hon. Pauline Newman v. Hon. Kimberly Moore, D.D.C. # 23-01334).
The Commerce Department legally used antidumping duty respondent Dillinger France's normal books and records as facts otherwise available by reallocating production costs between prime and non-prime plate in the AD investigation on carbon and alloy steel cut-to-length plate from France, the Court of International Trade ruled in an Aug. 15 opinion.
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The U.S. asked for another 60 days to file its reply brief in the massive Section 301 litigation at the U.S. Court of Appeals for the Federal Circuit. The government said the present suit is a test case for over 4,100 similar cases and an extension would allow DOJ more time to confer with all the federal agencies involved in the case (HMTX Industries v. U.S., Fed. Cir. # 23-1891).