The government is attempting to argue that it has the discretion to decide what antidumping and countervailing duty orders mean regardless of those orders’ plain language, pipe fitting petitioners argued July 1 (NORCA Industrial Company, LLC v. U.S., CIT Consol. # 23-00231).
Court of Federal Appeals Trade activity
The U.S. and importer Fedmet Resources filed dueling briefs at the Court of International Trade discussing the impact of a recent U.S. Court of Appeals for the Federal Circuit decision in an antidumping scope case, Saha Thai Steel Pipe Public Co. v. U.S.
Importer Nutricia North America filed an amended opening brief in a customs case at the U.S. Court of Appeals for the Federal Circuit on its substances used to "treat life-treatening diseases in young children," after government attorneys asked for the revisions. The brief was amended in two spots (Nutricia North America v. United States, Fed. Cir. # 24-1436).
The Court of International Trade on June 21 granted a group of Spanish olive growers' motion to dismiss five of its cases on various reviews of the countervailing duty order on ripe olives from Spain. The dismissals come after the U.S. Court of Appeals for the Federal Circuit rejected a challenge from the olive exporters regarding the Commerce Department's determination on whether demand for a processed agricultural product is "substantially dependent" on its raw upstream iteration for purposes of assigning countervailing duties (see 2405200045). CAFC said the trade court was wrong to impose a 50% threshold in determining substantial dependence (Asociacion de Exportadores e Industriales de Aceitunas de Mesa v. United States, CIT # 24-00078, 23-00076, 23-00039, 22-00106, 21-00338).
The U.S. Court of Appeals for the Federal Circuit in a June 27 per curiam order required litigants in an antidumping and countervailing duty scope case to file supplemental briefs (Worldwide Door Components v. U.S., Fed. Cir. # 23-1532) (Columbia Aluminum Products v. U.S., Fed. Cir. # 23-1534).
The Court of International Trade sustained the Commerce Department's decision to pick a secondary mandatory respondent in an antidumping review despite temporal limits on the selection process. However, Judge Mark Barnett sent back the agency's methodology for picking the respondent due to its failure to explain its removal of Shandong Linglong Tyre Co. from the list of eligible exporters.
The U.S. Court of Appeals for the Federal Circuit on June 27 struck an entry of appearance filed by counsel for Encore Wire Corp., terminating the company as a defendant in a case on the 2019-20 antidumping review of aluminum wire and cable. The court said that the entry of appearance for three Cassidy Levy attorneys -- Myles Getlan, James Ransdell and Chase Dunn -- was noncompliant and that the attorneys failed to file a corrected version of the entry (Repwire v. U.S., Fed. Cir. # 23-1933).
The U.S. Court of Appeals for the Federal Circuit in a June 26 text-only order granted the government's request for 30 more days to file its reply brief in a customs case from importer Blue Sky The Color of Imagination on the customs classification of calendar planners. The reply is now due Aug. 2 (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
After four remands in the Court of International Trade (see 2312210054), a German exporter of steel used to transport corrosive materials filed its opening bid with the U.S. Court of Appeals for the Federal Circuit on June 21. The company, AG der Dillinger Huttenwerke, claimed the Commerce Department wrongly used one of its products’ selling prices as a substitute for its costs of production, which amounts to “circular reasoning" (AG Der Dillinger Huttenwerke v. U.S., Fed. Cir. # 24-1498).
Exporter Saha Thai Steel Pipe Public Co. on June 21 petitioned the U.S. Court of Appeals for the Federal Circuit for either a panel or en banc rehearing of its decision to include dual-stenciled pipe in the scope of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand (see 2405150027) (Saha Thai Steel Pipe Public Co. v. United States, Fed. Cir. # 22-2181).