Byungmin Chae filed a petition May 9 for a rehearing of a U.S. Court of Appeals for the Federal Circuit opinion that landed him one question shy of passing the customs broker exam he took in April 2018. The multiple choice question asked which mail articles are not subject to CBP examination or inspection (Byungmin Chae v. Janet Yellen, Fed. Cir. # 22-2017).
The U.S. Court of Appeals for the Federal Circuit granted exporter SeAH Steel's motion to voluntarily dismiss its appeal on the Commerce Department's use of the Cohen's d test, which is used to root out "masked" dumping. Recently, the Court of International Trade upheld Commerce's explanations of its use of the test in response to questions raised by the Federal Circuit (see 2302270049) (SeAH Steel v. United States, Fed. Cir. # 23-1657).
The U.S. Court of Appeals for the Federal Circuit should not allow countervailing duty respondent Tau-Ken Temir to "continually revise its opening brief under the guise of a Notice of Correction," CVD petitioners Globe Specialty Metal and Mississippi Silicon argued in a reply brief. Voicing their opposition to TKT's and the Kazakh Ministry of Trade Integration's request to file a fourth opening brief, Globe and Mississippi Silicon said that "even a cursory review of the changes" shows a "litany of changes that are substantive in nature, including new arguments and sentences, deletions of material, and large-scale replacements of discussion" (Tau-Ken Temir v. United States, Fed. Cir. # 22-2204).
Importer Farrier Product Distribution settled its case originally challenging Section 232 steel and aluminum duties on "derivative" products, securing refunds of the duties, the company told the Court of International Trade in a motion to voluntarily dismiss its case. Farrier said the parties sought to "resolve the legal controversy that gave rise to this matter," adding that the U.S. and the importer have been "successful in that effort" (Farrier Product Distribution v. United States, CIT # 20-00098).
Commerce should not have excluded sales of certain cylinders sold by Sahamitr Pressure Container in its home market or used the average-to-transaction (A-T) price comparison method in its calculations, the Thai exporter said in a May 8 complaint to the Court of International Trade. SMPC asked the trade court to declare that Commerce's exclusion of certain cylinders from the calculation as out of scope, as well as and its use of the A-T price comparison method, was in error and to remand the results to Commerce (Sahamitr Pressure Container v. United States, CIT # 23-00077).
The Korean Government's Port Rights Program did not provide Hyundai Steel Company with a countervailable benefit, the company said in its May 8 remand comments at the Court of International Trade (Hyundai Steel Company v. U.S., CIT # 21-00536).
Exporter SeAH Steel Corp. moved to voluntarily toss its appeal at the U.S. Court of Appeals for the Federal Circuit on the Commerce Department's use of the Cohen's d test, which is used to identify "masked" dumping. All the other parties in the case consented to the dismissal, SeAH said. The move comes just days after Maverick Tube Corp, Tenaris Bay City and IPSCO Tubulars said they no longer would participate in the proceedings (see 2305040021). Recently, the Court of International Trade said Commerce answered questions raised by the Federal Circuit on the use of the d test (see 2302270049) (SeAH Steel Corp. v. United States, Fed. Cir. # 23-1657).
The Commerce Department illegally failed to revoke the antidumping duty order on softwood lumber from Canada for exporter Resolute FP Canada in the expedited first sunset review of the AD order, the exporter argued in a complaint at the Court of International Trade. The four-count suit says that Commerce unlawfully said Resolute FP was selling merchandise below value via its use of the Cohen's d test, which found the company to be guilty of "masked" dumping, and zeroing (Resolute FP Canada v. United States, CIT # 23-00095).
The Commerce Department filed an unopposed voluntary remand motion at the Court of International Trade in an antidumping duty case so the agency can consider information submitted by respondent Officine Tecnosider on Commerce's use of the quarterly cost methodology. DOJ said it couldn't find Commerce's analysis of the quarterly average prices of steel slab when prepping its reply brief to Officine Tecnosider, leading to the remand request. The trade court set a status conference for May 15 to discuss the motion (Officine Tecnosider v. United States, CIT # 23-00001).
A suit at the Court of International Trade challenging CBP's assessment of antidumping and countervailing duties on imported sinks and kits should be dismissed because the plaintiff failed to pay duties before filing the case, DOJ said in a heavily redacted May 5 motion. DOJ asked the court to dismiss the case for lack of subject matter jurisdiction and to dismiss one count of the complaint for failure to state a claim for which relief can be granted (RH Peterson Co. v. U.S., CIT # 20-00099).