Replying to an aircraft parts importer’s motion for judgment (see 2403110059) in a case that began in 2017, the government said that the importer's products are raw materials, not parts (Honeywell International Inc. v. U.S., CIT # 17-00256).
The U.S. Court of Appeals for the Federal Circuit on June 13 allowed the Canadian government and a group of eight Canadian lumber exporters to appear as amici curiae in an appeal of the Commerce Department's use of the Cohen's d test to detect "masked" dumping. Judge Kara Stoll granted the motion (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
A Spanish aluminum exporter argued June 11 that the Commerce Department is unlawfully restricting its statutory requirement to consider levels of trade when calculating normal value by requiring there be “substantial differences,” rather than plain “differences,” in those levels to trigger that analysis (Compania Valencia De Aluminio Baux, S.L.U. v. U.S., CIT # 23-00259).
The following lawsuit was recently filed at the Court of International Trade:
Antidumping duty petitioner Mid Continent Steel & Wire urged the U.S. Court of Appeals for the Federal Circuit to reject exporter Oman Fasteners' notice of supplemental authority regarding a Court of International Trade ruling on the Commerce Department's filing deadlines (Oman Fasteners v. U.S., Fed. Cir. # 23-1661).
The U.S. and exporter Kaptan Demir told the U.S. Court of Appeals for the Federal Circuit that the Commerce Department "is afforded substantial deference in interpreting" whether an input is "primarily dedicated" to the production of its downstream product for purposes of assigning subsidies given to the input supplier to the downstream product maker (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, Fed. Cir. # 24-1431).
A steel importer whose Section 232 exclusion denials case has been winding through the Court of International Trade since 2021 said again June 10, in support of its remand comments (see 2404090067), that a competitor and domestic supplier provably hasn’t been able to provide enough steel for the importer’s needs since 2018 (California Steel Industries v. U.S., CIT # 21-00015).
The following lawsuit was recently filed at the Court of International Trade:
Exporter Oman Fasteners said a recent Court of International Trade decision on the Commerce Department's filing deadlines supports its claim at the U.S. Court of Appeals for the Federal Circuit that one "inadvertent missed deadline 'without more'" doesn't support the use of adverse facts available in an antidumping duty case. Oman Fasteners filed a notice of supplemental authority on June 10 calling the appellate court's attention to CIT's holding in Cambria Co. v. U.S. (Oman Fasteners v. U.S., Fed. Cir. # 23-1661).
After a remand order forced the Commerce Department to use Brazilian rather than Mexican labor cost data in calculating two Chinese exporters’ value, those exporters pushed back on the decision and the subsequent increase they saw in their own antidumping duties (New American Keg v. U.S., CIT # 20-00008).