The Commerce Department abused its discretion in rejecting information submitted by countervailing duty respondent Ternium Mexico regarding three alleged subsidy programs in the CVD investigation on corrosion-resistant steel products, Ternium argued in a Nov. 26 complaint at the Court of International Trade (Ternium Mexico v. United States, CIT # 25-00236).
The U.S. Court of Appeals for the Federal Circuit questioned whether it should grant the government's voluntary remand motion in an antidumping duty case on the Commerce Department's use of the Cohen's d test in light of CAFC's decisions in Stupp v. U.S. and Marmen v. U.S. During oral argument held Dec. 1, Judges Richard Taranto, William Bryson and Tiffany Cunningham appeared ready to grant the motion, asking the parties what specifically the remand order should say (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
The Court of International Trade on Dec. 2 remanded the Commerce Department's treatment of the costs to convert steel plates into wind towers in the 2021-22 antidumping review of utility wind scale towers from South Korea. Judge Leo Gordon found that Commerce failed to adequately explain why it chose to accept respondent Dongkuk's reported conversion costs instead of the costs reported by the petitioner, the Wind Tower Trade Coalition. The judge rejected the government's "circular reasoning" that Dongkuk reported its conversion costs "based on its normal books and records," and the judge held that the agency didn't explain why the petitioner's costs analysis using the first control number characteristic, tower sections, is "inappropriate."
The U.S. urged the Court of International Trade on Nov. 24 to dismiss conservation group Maui and Hector's Dolphin Defenders NZ's suit seeking an import ban on seafood and seafood products from set net and trawl fisheries off New Zealand's North Island (Maui and Hector's Dolphin Defenders NZ v. National Marine Fisheries Service, CIT # 24-00218).
The Court of International Trade on Nov. 25 said that PACER users with "CM/ECF-level filing access can still file even if their search status shows as 'inactive' due to six months of inactivity." The notice came after PACER last month rolled out an update that lets users with CM/ECF-level access whose account search status becomes inactive due to search activity reset their own password without contacting PACER Service Center.
The following lawsuits were filed recently at the Court of International Trade:
Petitioner Magneisa Carbon Bricks Fair Trade Committee on Nov. 26 further supported its motion to have the U.S. Court of Appeals for the Federal Circuit expedite its appeal of a scope ruling involving the antidumping duty and countervailing duty orders on magnesia carbon bricks from China. The petitioner said the U.S. industry faces "severe competitive harm" from entries of the bricks at issue, and expedition is required to "limit foreign importers’ ability to flood the market with refractory bricks at unfairly traded (and injurious) prices" (Fedmet Resources v. United States, Fed. Cir. # 26-1160).
The Court of International Trade on Nov. 26 granted the government's motion for rehearing in a customs dispute on the classification of certain radial, web and chordal segments imported by Honeywell and used in airplane brakes, changing the classification of the parts to "fabrics" under Harmonized Tariff Schedule heading 6307. Judge Mark Barnett reversed his previous holding that the goods are "parts of an aircraft" under heading 8803, subjecting the items at issue to a 7% duty under subheading 6307.90.98.
CBP's regulations regarding the notice provided to importers subject to Enforce and Protect Act investigations and when CBP must initiate those investigations violated an importer's due process rights, the Court of International Trade held on Nov. 26.
Andrea Casson, a litigation attorney at the International Trade Commission, has left the ITC, according to a notice filed at the Court of International Trade. Casson served as assistant general counsel for litigation at the commission.