Wisconsin man Gary Barnes doesn't have constitutional or prudential standing to challenge the president's right to impose tariffs, the U.S. argued in a March 21 motion to dismiss at the Court of International Trade. The government claimed that Barnes failed to "allege a particularized and concrete injury to himself," and instead claimed that "unidentified American consumers more generally" will be harmed by the supposed constitutional violations the president commits when imposing tariffs (Gary Barnes v. United States, CIT # 25-00043).
The Court of International Trade on March 25 granted three wildlife advocacy groups' voluntary dismissal of a case seeking to compel the Commerce, Treasury and Homeland Security departments to ban fish from fisheries in nine nations for failing to meet U.S. standards. The advocacy groups settled the matter with the agencies, laying out a four-phase plan that will see the National Marine Fisheries Service issue comparability findings for the fisheries (see 2501170058). Judge Gary Katzmann granted the dismissal, noting that the court retains jurisdiction to oversee compliance with the agreement.
The U.S. defended the Commerce Department's ability to require petitioners to file a notice of intent to participate in sunset reviews at the U.S. Court of Appeals for the Federal Circuit. In a reply brief on March 21, the government said the "whole-text canon of statutory interpretation" doesn't support petitioner Archroma's challenge to this requirement, since the statute on which the company bases its claim "does not limit Commerce’s power to impose procedural requirements to be met before a domestic interested party may submit the information called for by the statute" (Archroma U.S. v. United States, Fed. Cir. # 24-2159).
The Court of International Trade on March 21 sustained the Commerce Department's decision not to investigate the provision of off-peak electricity for less than adequate remuneration in South Korea after three remands before the trade court. Judge Mark Barnett said Commerce reasonably laid out the evidence petitioner Nucor Corp. should have provided to "justify a new subsidy investigation of this subset of the broader electricity pricing scheme."
The Court of International Trade's Pay.gov system will be undergoing maintenance on March 22, 6-10 p.m. EDT, the court announced. Documents requiring payments on Pay.gov can't be filed on CM/ECF during this time, the court said.
The following lawsuit was filed recently at the Court of International Trade:
The U.S. defended its use of its quarterly cost methodology in calculating exporter Officine Tecnosider's antidumping duty rate in the 2020-21 administrative review of the AD order on steel plate from Italy, arguing that petitioner Nucor Corp.'s claims to the contrary fail to show that it's the "one and only" reasonable outcome. Submitting a brief on March 19 in defense of its remand results, Commerce said it wasn't free to ignore evidence of a link between the respondent's costs and sales prices during the review period (Officine Tecnosider v. United States, CIT # 23-00001).
The Court of International Trade on March 21 sustained the Commerce Department's third remand results in the 2018 review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea. The agency had again refused to investigate the provision of off-peak electricity for less than adequate remuneration. Judge Mark Barnett said Commerce reasonably laid out the evidence that petitioner Nucor Corp. should have provided to "justify a new subsidy investigation of this subset of the broader electricity pricing scheme."
No lawsuits have been filed recently at the Court of International Trade.
Parties originally excluded from an expedited countervailing duty review on Canadian softwood lumber opposed the government's bid to file a supplemental brief to a status report in a dispute on whether the excluded parties can obtain refunds of CVD cash deposits. The originally excluded parties said the U.S. failed to establish good cause for submitting a reply to the status report (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, CIT # 19-00122).