The U.S. District Court for the District of Columbia adopted an amended briefing schedule in U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman's case against three of her colleagues pertaining to their fitness investigation of the 96-year-old judge (Hon. Pauline Newman v. Hon. Kimberly Moore, D.D.C. # 23-01334).
The Court of International Trade in an Oct. 4 order granted a consent motion to remove antidumping duty respondent Saffron Living Co. from a case on the AD investigation on mattresses from Thailand. Per the motion to remove, Saffron said it withdrew from participation in the underlying AD investigation and "has thus concluded that continued participation in this appeal is no longer in its commercial interests" (Brooklyn Bedding. et al. v. United States, CIT # 21-00285).
The Commerce Department made a host of errors in its antidumping duty calculations in an administrative review on light-walled rectangular pipe and tube from Mexico, including the improper collapsing of pipemaker Maquilacero and auto-parts manufacturer Tecnicas de Fluidos (TEFLU), the two companies argued in a Sept. 28 motion for judgment at the Court of International Trade (Maquilacero v. U.S., CIT Consol. # 23-00091).
Chinese printer cartridge maker Ninestar Corp. has until Nov. 7 to reply to the U.S. motion to dismiss Ninestar’s suit against its placement on the Uyghur Forced Labor Prevention Act Entity List, the Court of International Trade said Oct. 4. Judge Gary Katzmann said the reply can include a response regarding the company's motion for a preliminary injunction (Ninestar Corp. v. United States, CIT # 23-00182).
The Court of International Trade issued a confidential opinion on Oct. 5 in a case from importer Southern Cross Seafoods pertaining to a U.S. move to ban imports of Patagonian toothish, referred to as Chilean sea bass, from the South Georgia fishery in the Atlantic Ocean. Per a letter to the litigants, Judge Timothy Reif gave the parties until Oct. 10 to review any potentially confidential information. The U.S. filed a motion to dismiss for lack of subject-matter jurisdiction, which has been fully briefed, indicating that the opinion addresses this question, though the docket doesn't indicate which way the judge ruled (Southern Cross Seafoods v. United States, CIT # 22-00299).
The U.S. asked for an extended stay in a customs penalty suit against Greenlight Organic and its owner Parambir Singh "Sonny" Aulakh given that the U.S. Attorney for the Southern District of New York opened a criminal investigation on the evidence recovered during a search of Aulakh's residence. Filing a status report in the Court of International Trade, the government said the case should be stayed until Jan. 2, after which the U.S. will file another status report "updating the Court on whether a continued stay is needed" (United States v. Greenlight Organic, CIT # 17-00031).
The Commerce Department's failure to use a weighted average to calculate the denominator of the Cohen’s d test coefficient in an antidumping duty case remand was contrary to the underlying academic literature and produced unreasonable results, a group of AD respondents said in their Oct. 2 comments to the Court of International Trade. The respondents argued that Commerce failed to explain its choice in the face of its own practice and judicial precedent and have asked the court to remand the case to Commerce with instructions to calculate the denominator of the Cohen’s d equation either by weight averaging the standard deviations of the test group and the comparison group or by relying on the standard deviation of the entire population (Mid Continent Steel & Wire v. U.S., CIT Consol. # 15-00213).
The Commerce Department made multiple errors when it miscalculated benchmark data and its use of adverse inferences in a countervailing duty review on multilayered wood flooring from China, Chinese wood flooring exporters and consolidated plaintiffs Fine Furniture (Shanghai) and Double F said in an Sept. 29 reply brief at the Court of International Trade. The brief raised similar points to one filed by respondent Baroque Timber Industries two weeks earlier (see 2309180042) (Baroque Timber Industries (Zhongshan) Co. v. U.S., CIT Consol. # 22-00210).
The following lawsuit was recently filed at the Court of International Trade:
A proposed voluntary remand of an Enforce and Protect Act case should be allowed to proceed as is, over an importer's objections, DOJ said in an Oct. 2 brief to the Court of International Trade. DOJ filed a motion to remand the case in light of the U.S. Court of Appeals for the Federal Circuit's ruling in Royal Brush Manufacturing v. U.S., in which the court said CBP violated an EAPA party's due process rights by not granting them access to business confidential information (see 2309150011) (Newtrend USA Co. v. U.S., CIT # 22-00347).