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 Commerce Department adequately addressed the U.S. Court of Appeals for the Federal Circuit's concerns over its use of the Cohen's d test as part of its differential pricing analysis to root out "masked" dumping, the Court of International Trade held in a Feb. 24 opinion sustaining use of the test in an antidumping duty investigation.
The commerce secretary's report allowing President Donald Trump to take tariff action on steel and aluminum imports under Section 232 is not subject to the Administrative Procedure Act nor can it be reviewed for arbitrariness, the U.S. argued in a Feb. 20 reply brief at the U.S. Supreme Court. Even if it was up for review, the secretary did not misconstrue the statute since it does not require the report to make a finding on the imminent nature of any threat to national security, the government said (USP Holdings, et al. v. United States, U.S. Sup. Ct. # 22-565).
The use of an entire population of data instead of a sample "sufficiently negates" the questions raised by the U.S. Court of Appeals for the Federal Circuit on the use of the Cohen's d test in the differential pricing analysis to root out "masked" dumping, the Court of International Trade held in a Feb. 23 opinion rejecting antidumping duty respondent SeAH Steel Corp.'s bid for reconsideration.
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.
An Enforce and Protect Act finding of evasion against Blue Pipe Steel Center should not be decided on by the Court of International Trade while the underlying scope issue is still on appeal, argued the government in a Feb. 15 motion at the Court of International Trade. DOJ asked the court to deny a motion for judgment from Blue Pipe, or alternatively, defer its decision until after the U.S. Court of Appeals for the Federal Circuit resolves the scope issue (Blue Pipe Steel Center Co., Ltd. v. United States, CIT # 21-00081).
The Commerce Department has illegally "tripled down" on its use of "data tainted by foreign-government subsidies" in calculating constructed value in an antidumping duty case, respondent Oman Fasteners argued in its Feb. 13 opening brief at the U.S. Court of Appeals for the Federal Circuit. Despite the Federal Circuit's previous opinion remanding the use of a surrogate company's financial data over subsidy concerns, "Commerce jumped from the frying pan to the fire" and used a new proxy that also received government subsidies, the brief said (Mid Continent Steel & Wire v. U.S., Fed. Cir. # 23-1039).
The U.S. Court of Appeals for the Federal Circuit in a Feb. 13 text-only notice alerted appellee CP Kelco it has failed to file a response brief in an Enforce and Protect Act case. The court said failure to file such a brief could lead to "dismissal or other action as deemed appropriate by the court" (All One God Faith v. U.S., Fed. Cir. # 23-1078).
The Commerce Department requested a voluntary remand in a countervailing duty case at the Court of International Trade in light of a U.S. Court of Appeals for the Federal Circuit ruling that the agency cannot select just one mandatory respondent in an antidumping or countervailing duty review where multiple exporters have requested a review. Filing an unopposed motion for remand Feb. 14, Commerce said the decision, YC Rubber v. U.S., "may implicate Commerce's respondent selection determinations at issue in this litigation" (Jiangsu Senmao Bamboo and Wood Industry Co., et al. v. U.S., CIT Consol. # 20-03885).
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.