The U.S. asked for a stay of a case at the U.S. Court of Appeals for the Federal Circuit on an Enforce and Protect Act investigation on the alleged transshipment of Chinese xanthan gum via India. The government said the case should be suspended until the Royal Brush Manufacturing v. U.S. matter is resolved (All One God Faith v. United States, Fed. Cir. #s 23-1078, -1081).
The federal government opposed referral of a customs case to mediation since the proper classification of the product in question -- The Comfy blanket sweatshirt -- "is not of the type that is likely to be resolved through mediation." Filing its opposition to importer Cozy Comfort's motion for a postassignment conference to explore mediation at the Court of International Trade, the U.S. said mediation would not be beneficial, adding that the proceeding is "not a complex case" (Cozy Comfort Company v. United States, CIT # 22-00173).
The Commerce Department erred by not removing countervailing duty costs from the prices used to establish export price and constructed export price in the 2021 review of the antidumping duty order on softwood lumber products from Canada, petitioner Committee Overseeing Action for Lumber International Trade Investigations or Negotiations argued (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. U.S., CIT # 23-00189).
The Commerce Department failed to comply with a Court of International Trade remand order in a countervailing duty case concerning forged steel fluid end blocks from Germany, exporter Edelstahl said in its Sept. 6 remand comments at the Court of International Trade. Edelstahl's comment contested the second remand redetermination by the Commerce Department, which continued to find that Germany's KAV program was de jure specific and could be countervailed (BGH Edelstahl Siegen v. U.S., CIT # 21-00080).
The Commerce Department's alleged unequal treatment of the parties in a scope ruling justifies judgment in favor of the importers, Elysium Tiles and Elysium Tile Florida argued in an Aug. 31 motion for judgment at the Court of International Trade. The case concerns a scope ruling issued with respect to the antidumping and countervailing duty orders on ceramic tiles from China. Elysium argues that Commerce improperly met with Florida Tile, a member of the AD/CVD petitioner Coalition of Fair Trade in Ceramic Tile (Elysium Tiles v. U.S., CIT # 23-00041).
The Court of International Trade should sustain the Commerce Department’s remand redetermination of an antidumping duty investigation on OCTG from South Korea, DOJ argued. The court only ordered Commerce to reconsider a specific issue on remand, which the department did, DOJ wrote in its Sept. 6 remand comments to the Court of International Trade (Nexteel Co. v. United States, CIT Consol. # 18-00083).
The Commerce Department reconsidered its rejection of exporter AG der Dillinger Huttenwerke's proposed quality code for sour service petroleum transport on remand at the Court of International Trade. Submitting its redetermination on Sept. 7, the agency said it used the exporter's proposed quality code due to its decision in Bohler Bleche BMBH & Co. v. U.S., leading to an increase in Dillinger's dumping rate to 4.99% as part of the antidumping duty investigation on steel cut-to-length plate from Germany (AG der Dillinger Huttenwerke v. United States, CIT # 17-00158).
The following lawsuits were recently filed at the Court of International Trade:
A lawsuit from U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman against her colleagues' investigation into her fitness to continue serving on the bench should be dismissed, CAFC Judges Kimberly Moore, Sharon Prost and Richard Taranto argued in a Sept. 1 motion to dismiss. The judges -- who comprise the three-judge panel carrying out the investigation on the 96-year-old Newman -- said that Newman's suit "suffers from fatal jurisdictional flaws" (The Hon. Pauline Newman v. The Hon. Kimberly A. Moore, D.D.C. # 23-01334).
The following lawsuits were recently filed at the Court of International Trade: