The Commerce Department failed to provide notice of any reporting deficiencies related to antidumping duty respondent Fuzhou Hengli Paper Co.'s paperboard input reporting, and the agency was on notice of any alleged deficiency, since the respondent's reporting methodology was "obvious," Fuzhou Hengli argued in a Nov. 17 reply brief at the Court of International Trade (Fuzhou Hengli Paper v. United States, CIT # 25-00064).
AD/CVD petitioner Magnesia Carbon Bricks Fair Trade Committee asked the U.S. Court of Appeals for the Federal Circuit to speed up its appeal on the Commerce Department's decision to exclude seven types of bricks imported by Fedmet Resources Corp. from the scope of the antidumping duty and countervailing duty orders on magnesia carbon bricks from China. The petitioner said the relief it's seeking is "modest," and that a sped-up briefing schedule is needed to "prevent competitive harms" to the "domestic refractory-brick industry" that should be subject to "significant AD/CVD duties" (Fedmet Resources v. United States, Fed. Cir. # 26-1160).
Importer BASF Corp. pushed back July 2 against a U.S. attempt to seek reconsideration of Court of International Trade Judge Joseph Laroski's decision that BASF’s fish oil should be classified as fish extracts, not as food preparations (see 2507020064) (BASF Corp. v. United States, CIT Consol. # 13-00318) (se.
The following lawsuits were filed recently at the Court of International Trade:
CBP illegally subjected importer Raymond Geddes & Company's pencils to antidumping duties on cased pencils from China, since the company's pencils are made in the Philippines, Raymond Geddes argued in a Nov. 14 complaint at the Court of International Trade. The importer said CBP improperly applied a scope ruling on a separate importer, School Specialty, to its goods (Raymond Geddes & Company v. United States, CIT # 25-00265).
The Commerce Department on Nov. 17 flipped its position on remand in a case on a new shipper review, finding that exporter Co May Import-Export Company didn't make a "bona fide sale" of subject merchandise during the review period (Catfish Farmers of America v. United States, CIT # 24-00126).
The U.S. Court of Appeals for the Federal Circuit on Nov. 19 dismissed Nebraska man Byungmin Chae's second case challenging the results of his April 2018 customs broker license exam. Chae previously litigated the results of the exam in an earlier case before the Court of International Trade and CAFC, ultimately coming just one correctly answered question shy of a passing grade. After the Supreme Court declined to take up his first case, Chae filed another lawsuit to challenge one question on the test. The Federal Circuit dismissed the second lawsuit, finding that Chae should have brought any additional claims against the question in his first case.
DOJ trial attorney Kyle Beckrich has left the agency, he announced on LinkedIn. Beckrich worked at DOJ for over six years, often arguing trade cases before the Court of International Trade and U.S. Court of Appeals for the Federal Circuit. Beckrich, who was based in Washington, D.C., said he's returning to Texas to enter private practice.
The Court of International Trade on Nov. 14 extended the deadline for interested parties to submit comments on proposed amendments to one of the court's practice rules. Comments that had been due by Nov. 24 now will be accepted through close of business on Dec. 5.
The following lawsuits were filed recently at the Court of International Trade: