The U.S. and an Italian pasta exporter argued before the U.S. Court of Appeals for the Federal Circuit on Nov. 8 over whether the Commerce Department should have distinguished pasta grades using the protein contents reported on the nutritional information that appears on the pasta’s packages or using companies’ internal information (La Molisana v. United States, Fed. Cir. # 23-2060).
Judges at the U.S. Court of Appeals for the Federal Circuit on Nov. 7 sharply questioned both exporter Oman Fasteners' missed deadline in an antidumping duty review and petitioner Mid Continent Steel & Wire's defense of the 154.33% adverse facts available rate imposed as a result. Judge Kimberly Moore led the way during oral argument, taking Oman Fasteners' attorney Michael Huston to task for seemingly hiding the missed deadline (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
Pay.gov will undergo maintenance Nov. 16 from 6 p.m. to 10 p.m. EST, the Court of International Trade said. Documents requiring the service can't be filed on CM/ECF during this time, the court said.
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade sustained the Commerce Department's decision on remand to not apply partial adverse facts available against exporter Garg Tube in the 2018-19 review of the antidumping duty order on welded carbon steel standard pipes and tubes from India. Judge Claire Kelly issued a confidential decision deciding the matter, giving the parties until Nov. 14 to review the confidential information in the opinion (Garg Tube Export v. U.S., CIT # 21-00169).
The Court of International Trade remanded the Commerce Department's finding that exporter Louis Dreyfus wasn't affiliated with its main fresh lemon supplier, leading to a de minimis rate for the company in the antidumping duty investigation on lemon juice from Brazil. Filing a confidential decision Nov. 7, Judge Claire Kelly gave the parties until Nov. 14 to review the confidential information in the opinion (Ventura Coastal v. U.S., CIT # 23-00009).
After the Court of International Trade ruled that a Section 301 exclusion for side protective attachments for trucks is a principal use provision, not an eo nomine one (see 2410070030), a vehicle accessories importer asked CIT Judge Jennifer Choe-Groves on Nov. 6 to either reconsider or let it bring an interlocutory appeal to the U.S. Court of Appeals for the Federal Circuit (Keystone Automotive Operations v. U.S., CIT # 21-00215).
In response to U.S. opposition (see 2410090041) to its motion for judgment (see 2408010044), an aluminum importer again said Nov. 5 that its manufacturer’s production in South Korea was not minor or insignificant (Hanon Systems Alabama Corp. v. U.S., CIT # 24-00013).
The U.S. argued that mandamus relief at the U.S. Court of Appeals for the Federal Circuit is improper on the question of whether the government properly served exporter Koehler Paper through its U.S. counsel. Responding on Nov. 6 to Koehler's petition for writ of mandamus, the U.S. said mandamus relief isn't "clear and indisputable" and that an appeal from a final order from the Court of International Trade "should not be inadequate" (In re Koehler Oberkirch GmbH, Fed. Cir. # 25-106).
The Court of International Trade on Nov. 6 granted the government's voluntary remand request in a suit on the 2019-20 administrative review of the antidumping duty order on aluminum extrusions from China. The U.S. asked for the remand to consider the impact of recent CIT cases Global Aluminum Distributor v. U.S. and H&E Home v. U.S. in which CBP reversed its findings of AD/CVD evasion on Dominican exporter Kingtom Aluminio (see 2209080013) (Kingtom Aluminio v. United States, CIT Consol. # 22-00072).