The Court of International Trade on Oct. 1 approved increases to its transcript fee rates, the court announced. The court laid out the following prices for various transcripts: $4.40 per page for a 30-day transcript, $5.10 per page for a 14-day transcript, $5.85 per page for a seven-day transcript, $6.55 per page for a three-day transcript, $7.30 per page for a next-day transcript and $8.70 per page for a two-hour transcript. The cost of a first copy to each party is $1.10 for a 30-, 14- and seven-day transcript. Copy costs per party are $1.30 for a three-day transcript and $1.45 for a next-day and two-hour transcript.
Court of International Trade activity
The Court of International Trade on Oct. 2 denied exporter Chandan Steel Limited's motion for reconsideration of the court's order sustaining the exporter's 145.25% total adverse facts available rate in the 2018-19 review of the antidumping duty order on stainless steel flanges. Chandan said the trade court failed to address all of its arguments in its decision, including that Commerce should have limited its use of AFA solely to the individual U.S. sales for which information was missing. Judge Timothy Stanceu said that while Commerce had the authority to take that path, it wasn't required to by the statute and that the decision to use total AFA was justified.
The Court of International Trade on Oct. 2 sustained the Commerce Department's final scope ruling excluding engines with horizontal crankshafts from the scope of the antidumping and countervailing duty orders on vertical shaft engines between 99cc and up to 225cc from China. Commerce excluded the engines from the orders on remand from the trade court. Judge Jennifer Choe-Groves said the agency "complied with the Court's remand order" in excluding the engines.
The U.S. on Sept. 30 told the U.S. Court of Appeals for the Federal Circuit that the Court of International Trade erred in rejecting its efforts to redact parts of the trade court's decision sustaining an International Trade Commission injury determination. The government said CIT "abused its discretion" in publicly disclosing information marked by the commission as business confidential (CVB, Inc. v. United States, Fed. Cir. # 24-1504).
The Court of International Trade on Oct. 1 ordered that an evidentiary hearing be held on Oct. 16 in a suit from importer Retractable Technologies on the Office of the U.S. Trade Representative's 100% Section 301 tariff hike on needles and syringes. The importer filed the suit to seek a temporary restraining order and a preliminary injunction on the duties, claiming the tariffs could send it out of business (see 2409270025) (Retractable Technologies v. United States, CIT # 24-00185).
DOJ and exporters led by Baroque clashed in oral argument Sept. 26 before Court of International Trade Judge Timothy Reif over whether the Commerce Department should look to broader, less specific datasets in calculating Tier 2 world benchmark prices or to smaller, narrower ones (Baroque Timber Industries (Zhongshan) Co. v. U.S., CIT Consol. # 22-00210).
The U.S. Court of Appeals for the Federal Circuit on Oct. 1 granted dismissal of government's appeal contesting the erroneous deemed liquidation of its goods that were subject to suspended liquidation. The Court of International Trade had ruled Fraserview didn't need a protest to file its suit (see 2401250039). CIT said that because the statute for deemed liquidation requires that the entries not be suspended, CBP's notices of deemed liquidation didn't operate to actually liquidate the entries. The U.S. appealed the decision but dropped the matter in a joint stipulation filed in September (see 2409060005) (Fraserview Remanufacturing v. U.S., Fed. Cir. # 24-2049).
Exporter Eregli Demir ve Celik Fabrikalari (Erdemir) on Sept. 30 defended its bid to consolidate its three appeals at the U.S. Court of Appeals for the Federal Circuit regarding the sunset review of the antidumping duty order on hot-rolled steel flat products from Turkey. Erdemir said all three cases are "intertwined" since they are "based on the same triggering act" (Eregli Demir ve Celik Fabrikalari v. United States, Fed. Cir. # 24-2242).
The Court of International Trade on Sept. 30 granted a pair of voluntary dismissal motions from importer Travelway Group International on its two import classification cases. Both cases sought Section 301 exclusions for its backpack and bag entries of Harmonized Tariff Schedule subheadings 4202.92.3120 and 4202.92.3131. Counsel for Travelway didn't immediately respond to request for comment (Travelway Group International v. United States, CIT #s 22-00313, 23-00057).
The Court of International Trade on Sept. 27 granted exporter Zhejiang Jingli Bearing Technology Co.'s motion to sever and dismiss it from a lawsuit on the 2021-22 review of the antidumping duty order on tapered roller bearings from China. The suit will continue with plaintiffs Shanghai Tainai Bearing Co. and C&U Americas. The companies brought the case to allege that the Commerce Department unnecessarily applied partial adverse facts available and errantly conducted a pricing differential analysis (see 2403060080). Counsel for Zhejiang Jingli didn't immediately respond to a request for comment on the reason for its voluntary dismissal (Zhejiang Jingli Bearing Technology Co. v. U.S., CIT # 24-00038).