The U.S. Court of Appeals for the Federal Circuit questioned whether it should grant the government's voluntary remand motion in an antidumping duty case on the Commerce Department's use of the Cohen's d test in light of CAFC's decisions in Stupp v. U.S. and Marmen v. U.S. During oral argument held Dec. 1, Judges Richard Taranto, William Bryson and Tiffany Cunningham appeared ready to grant the motion, asking the parties what specifically the remand order should say (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
LCD display exporter Innolux Corporation moved Nov. 26 to dismiss seven cases against the United States. The cases argued that its automobile display monitors should have been classified under Harmonized Tariff Schedule subheadings 8531.20.0020, 8528.59.2500 or 9013.80.7000, all duty-free, rather than under subheading 9013.80.9000, which carries a 4.5% duty (see 2404090042) (Innolux Corporation v. United States, CIT # 24-00065, -00167, -00168, -00169, -00170, -00171, -00172).
In a statement of issues filed Nov. 24, petitioners Catfish Farmers of America again said their most recent case (see 2508200051) challenges the zero percent antidumping duty rate applied to all 2022-23 Vietnamese frozen fish fillet administrative review respondents (Catfish Farmers of America v. United States, CIT # 25-00156).
The U.S. urged the Court of International Trade on Nov. 24 to dismiss conservation group Maui and Hector's Dolphin Defenders NZ's suit seeking an import ban on seafood and seafood products from set net and trawl fisheries off New Zealand's North Island (Maui and Hector's Dolphin Defenders NZ v. National Marine Fisheries Service, CIT # 24-00218).
The Court of International Trade on Nov. 25 said that PACER users with "CM/ECF-level filing access can still file even if their search status shows as 'inactive' due to six months of inactivity." The notice came after PACER last month rolled out an update that lets users with CM/ECF-level access whose account search status becomes inactive due to search activity reset their own password without contacting PACER Service Center.
The following lawsuits were filed recently at the Court of International Trade:
Petitioner Magneisa Carbon Bricks Fair Trade Committee on Nov. 26 further supported its motion to have the U.S. Court of Appeals for the Federal Circuit expedite its appeal of a scope ruling involving the antidumping duty and countervailing duty orders on magnesia carbon bricks from China. The petitioner said the U.S. industry faces "severe competitive harm" from entries of the bricks at issue, and expedition is required to "limit foreign importers’ ability to flood the market with refractory bricks at unfairly traded (and injurious) prices" (Fedmet Resources v. United States, Fed. Cir. # 26-1160).
In a 108-page brief filed Nov. 24, the International Trade Commission opposed shrimp exporters’ multiple challenges to an affirmative injury finding regarding frozen shrimp from Ecuador, India, Vietnam and Indonesia (Industrial Pesquera Santa Priscila v. United States, CIT # 25-00029) (Seafood Exporters Association of India v. United States, CIT # 25-00031) (Shrimp Committee of the Vietnam Association of Seafood Exporters and Producers v. United States, CIT # 25-00032).
The Court of International Trade on Nov. 26 granted the government's motion for rehearing in a customs dispute on the classification of certain radial, web and chordal segments imported by Honeywell and used in airplane brakes, changing the classification of the parts to "fabrics" under Harmonized Tariff Schedule heading 6307. Judge Mark Barnett reversed his previous holding that the goods are "parts of an aircraft" under heading 8803, subjecting the items at issue to a 7% duty under subheading 6307.90.98.
CBP's regulations regarding the notice provided to importers subject to Enforce and Protect Act investigations and when CBP must initiate those investigations violated an importer's due process rights, the Court of International Trade held on Nov. 26.