The U.S. and defendant-intervenors each replied Nov. 26 to importer CME Acquisition’s August motion for judgment (see 2408220024). They argued that the U.S. Court of Appeals for the Federal Circuit has put the burden on exporters to show that averaged adverse facts available rates for non-selected respondents via the expected method is unreasonable (CME Acquisitions v. United States, CIT # 24-00032).
Canadian lumber exporter J.D. Irving urged the U.S. Court of Appeals for the Federal Circuit to reconsider its rejection of the company's attempt to challenge the denial of an antidumping duty cash deposit rate under Section 1581(i), the Court of International Trade's "residual" jurisdiction. Filing a petition for panel rehearing and rehearing en banc, J.D. Irving said the appellate court's decision is "grounded on a fundamental misunderstanding of the law and fact" related to its claim (J.D. Irving v. United States, Fed. Cir. # 23-1652).
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Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) filed a trio of opening briefs in its three concurrent appeals at the U.S. Court of Appeals for the Federal Circuit, all of which are seeking to account for the exclusion of exporter Colakoglu from the antidumping duty order on hot-rolled steel from Turkey in the International Trade Commission's five-year sunset review of the order.
The U.S. Court of Appeals for the Federal Circuit on Nov. 19 adopted amendments to its practice rules and notes and attorney discipline rules, the court announced. The changes will take effect Dec. 1 and will apply to "all cases filed order pending on or after" Dec. 1, unless otherwise ordered, the court said.
Responding to tapered roller bearing exporters’ August motion for judgment that cited Loper Bright to challenge the Commerce Department’s use of Cohen’s d test in administrative reviews, the U.S. said Nov. 14 that the department still exercises significant discretion in antidumping and countervailing duty matters (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).
In support of the results after remand of an antidumping duty review on welded carbon-quality steel from the United Arab Emirates (see 2409240022), defendant-intervenors said the Commerce Department’s use of inter-quarter comparisons in a differential pricing analysis but same-quarter comparisons in a margin calculation was reasonable because the contexts are different (Universal Tube and Plastic Industries v. U.S., CIT # 23-00113).
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Various companies that were originally excluded from an expedited countervailing duty review on Canadian softwood lumber asked the Court of International Trade to clarify that they're due refunds of CVD cash deposits (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, CIT # 19-00122).
U.S. Court of Appeals for the Federal Circuit Judges Kimberly Moore and Richard Taranto probed claims from both exporter Oman Fasteners and the U.S. during oral argument in a suit on the Commerce Department's selection of a surrogate financial statement in an administrative review of an antidumping duty order on steel nails from Oman (Mid Continent Steel & Wire v. United States, Fed. Cir. # 23-1039).