After oral argument, the U.S. asked the Court of International Trade to supplement its motion to dismiss in a case involving seized weight loss dietary supplements, saying that it had found emails from CBP “responsive to the Court’s questions" (UniChem Enterprises v. United States, CIT # 24-00033).
Court of International Trade activity
The Court of International Trade on Oct. 1 said court-led mediation in a suit from LE Commodities challenging 14 denied requests for exclusions from Section 232 steel and aluminum tariffs resulted in a "settlement of all issues." Judge Leo Gordon led the mediation. Counsel for LE Commodities didn't respond to a request for comment on the nature of the settlement (LE Commodities v. United States, CIT # 22-00245).
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 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. 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).
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).
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 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).
The following lawsuit was recently filed at the Court of International Trade:
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).