The U.S. Court of Appeals of the Federal Circuit has consistently permitted the Commerce Department's use of its non-market economy policy in antidumping cases, the U.S. told the appellate court in a Jan. 18 opening brief. Appealing a Court of International Trade decision calling into question the NME policy, the government argued that "Congress has afforded Commerce wide latitude in how it enforces and implements" the AD statute and "this Court has consistently sustained Commerce's exercise of this discretion, in the absence of unambiguous statutory direction" (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).
International trade attorney Lindsay Meyer, co-chair of Venable's international trade group, has retired, according to a firm notice at the Court of International Trade. Meyer received her J.D. degree from the George Washington University Law School in 1987 and worked in international trade for over 30 years, covering trade remedies, the Foreign Corrupt Practices Act, and customs and homeland security matters. She also is a licensed customs broker.
Two nominees intended to fill judicial vacancies at the Court of International Trade will again be considered by the Senate after the chamber failed to approve them within the 2023 calendar year (see 2312220013).
An antidumping and countervailing duty petitioner on Jan. 19 filed its opening brief in an appeal of the Court of International Trade’s September ruling that the Commerce Department correctly excluded an importer’s shelf dividers from AD/CVD orders on flexible magnets from China (Magnum Magnetics Corp. v. U.S., Fed. Cir. # 24-1164).
CBP illegally liquidated an importer’s entries before litigation over the entries’ antidumping duty rate had finished, that importer alleged in the Court of International Trade (Acquisition 362 dba Strategic Import Supply vs. U.S., CIT 24-00011).
The Court of International Trade on Jan. 19 granted a joint motion that results in duty-free treatment for swimsuits reimported by SGS Sports under Harmonized Tariff Schedule subheading 9801.00.20. The ruling avoids a bench trial over whether the swimsuits qualify for the subheading as U.S. goods returned to the country.
CBP released a remand determination Jan. 18 reaffirming that three importers -- Newtrend USA, Starille and Nutrawave -- attempted to evade antidumping and countervailing duty orders on Chinese glycine (Newtrend USA v. U.S., CIT # 22-00347).
Target Corp. told the U.S. Court of Appeals for the Federal Circuit that the U.S. failed to distinguish the court's opinion in Cemex v. U.S. from Target's case, in which the retail giant is contesting a court-ordered reliquidation of its entries that erroneously received a favorable antidumping duty rate. Target said that no "amount of legal legerdemain and reference to" distinguishable case law can "mask the vacuity of" the "attempted distinctions" (Target Corp. v. United States, Fed. Cir. # 23-2274).
The Court of International Trade on Jan. 19 sustained the Commerce Department's use of exporter PhosAgro's profit before tax number instead of its gross profit mark when calculating the company's phosphate mining rights benefit.
The Commerce Department’s use of Turkish lira, not U.S. dollars, to calculate home market sales was contrary to record evidence that a Turkish exporter used the latter currency in its price negotiations, invoices and records, the exporter said on appeal (Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. U.S., Fed. Cir. # 24-1158).