The U.S. Court of Appeals for the Federal Circuit gave notice to the U.S. on Oct. 15 that it has failed to respond to exporter La Molisana's notice of oral argument in a case on the 2018-19 review of the antidumping duty order on pasta from Italy. Failure to file this document "may result in dismissal or other action as deemed appropriate by the court," CAFC said in the text order (La Molisana v. United States, CIT # 23-2060).
Court of International Trade activity
The Court of International Trade on Oct. 15 partially granted importer Cozy Comfort Co.'s motions to exclude the testimony of witnesses offered by the government in a customs classification spat on The Comfy, a wearable blanket. Judge Stephen Vaden said the testimony of fashion industry professional Patricia Concannon should be limited to topics pertaining to the "sale, marketing, and merchandising of apparel," as opposed to the design of The Comfy. The judge also limited the testimony of CBP national import specialist Renee Orsat, ruling that she "may not testify about opinions she formed during the Customs' classification process." In addition, Vaden denied the government's bid to exclude expert testimony from outerwear designer James Crumley, who was offered as a witness by Cozy Comfort. The judge rejected the government's attacks on Crumley's reliability as a witness.
A number of Canadian softwood lumber exporters, on one side of a case, and, on the other, defendant-intervenors led by a domestic trade group, filed in total three briefs supporting their respective motions for judgment (see 2404110063) in a case involving the Commerce Department’s alleged misapplication of the transactions disregarded test to increase the costs of a review’s mandatory respondent (Government of Canada v. United States, CIT Consol. # 23-00187).
The Court of International Trade on Oct. 10 sent back the Commerce Department's use of partial adverse facts available against exporter Nippon Steel for its failure to submit sales data from some of its U.S. affiliates in the third review of the antidumping duty order on hot-rolled steel flat products from Japan. Judge Stephen Vaden said Commerce failed to grapple with Nippon Steel's limitations under Japanese law to collect this data from its affiliates.
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 15 on AD/CVD proceedings:
NEW YORK -- International Trade Commissioner Rhonda Schmidtlein recommended that counsel arguing before the commission more clearly articulate the source of alternative data used in injury proceedings and submit contemporaneous data before hearings, where possible. Speaking at the Court of International Trade's 22nd Judicial Conference Oct. 10 during a panel discussion on the state of trade-related agencies, Schmidtlein offered tips to arguing counsel on how to best capture the attention of the commissioners and ensure more seamless and robust hearings.
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department under protest on Oct. 10 reversed its finding that exporter Saha Thai Steel Pipe Public Co. and one of its customers, BNK Steel Co., are affiliated, on remand at the Court of International Trade. The decision lowered Saha Thai's antidumping duty rate in the 2020-21 review of the AD order on circular welded carbon steel pipes and tubes from Thailand, from 14.74% to 1.65% (Saha Thai Steel Pipe Public Co. v. United States, CIT # 21-00627).
A petitioner, a domestic lumber trade group, pushed back against the Commerce Department's ultimate post-remand finding that subsidies received by unaffiliated lumber suppliers were applicable to a few expedited Canadian lumber review respondents, but that those subsidies had no effect on the respondents’ rates. It again alleged that the department had made a “mathematical error” (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. U.S., CIT # 19-00122).
The Court of International Trade on Oct. 10 denied German paper exporter Koehler Oberkirch GmbH's bid to immediately appeal a prior decision from the court allowing service to be effected on the company's U.S. counsel. Judge Gary Katzmann said that an interlocutory appeal wouldn't "materially advance" and would actually delay the "ultimate termination of the litigation."