The Court of International Trade in a July 17 order denied importer Nature's Touch Frozen Foods (West)'s motion for stay of enforcement of judgment pending appeal in a customs dispute on the classification of frozen fruit mixtures. Judge Stephen Vaden said that in light of the U.S. claim that it will "take no action to reliquidate the entries at issue" until the importer's appeal is resolved, the court dismisses the motion as moot (Nature's Touch Frozen Foods (West) v. U.S., CIT # 20-00131).
The Commerce Department shouldn't have rejected a questionnaire response in an antidumping duty investigation on utility scale wind towers from Spain, considering that the agency relied on responses from the relevant company on remand, Siemens Gemesa Renewable Energy argued in its July 17 remand comments at the Court of International Trade (Siemens Gamesa Renewable Energy v. U.S., CIT # 21-00449).
Australian exporter BlueScope Steel is asking the Court of International Trade to overturn the International Trade Commission's decision to cumulate imports from Australia with shipments from other countries in its sunset review of the AD orders on the steel goods from Australia, Japan, the Netherlands, Russia, South Korea, Turkey and the U.K. (BlueScope Steel v. U.S., CIT # 22-00353).
U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman will begin mediation at the U.S. District Court for the District of Columbia with three of her colleagues leading an investigation on her fitness to continue serving on the bench, on Aug. 3. Per a joint notice of continuation of deadline to file a report on mediation, the parties said that they set a date with Judge Thomas Griffith, who was appointed to preside over the mediation (see 2307110045). Griffith sat on the U.S. Court of Appeals for the District of Columbia Circuit from 2005 to 2020 (Newman v. Moore, D.D.C. # 23-01334).
The following lawsuits were recently filed at the Court of International Trade:
Tire exporters Guizhou Tyre and Aeolus Tyre will appeal a Court of International Trade decision upholding the Commerce Department's decision to deny separate rate status to the companies as part of the seventh administrative review of the antidumping duty order on off-road tires from China. Per a pair of appeal notices, the companies will take the case to the U.S. Court of Appeals for the Federal Circuit. In the decision, the trade court said the agency properly used the China-wide AD rate of 105.31% on the companies after finding that the companies failed to rebut the presumption of government control (see 2305190026) (Guizhou Tyre v. U.S., CIT Consol. # 17-00100).
The Commerce Department's use of alternative characteristics of superabsorbent polymers supplied by antidumping respondent LG Chem to set control numbers (CONNUMs) in an AD investigation should be remanded, The Ad Hoc Coalition of American SAP Producers said in a July 14 motion for judgment at the Court of International Trade. The coalition said the department's use of unverified and unrequested alternative superabsorbent polymer characteristics contravened an established practice (The Ad Hoc Coalition of American SAP Producers v. U.S., CIT # 23-00010).
The following lawsuit was recently filed at the Court of International Trade:
US, Conservation Groups File for Stay in Suit on NOAA Decision Pending NMFS NZ Comparability Finding
Conservation groups Sea Shepherd New Zealand and Sea Shepherd Conservation Society filed a joint motion for stay of litigation with the government in a case challenging the National Oceanic and Atmospheric Administration's 2020 findings that New Zealand's standards for its West Coast North Island inshore trawl and set net fisheries were comparable with U.S. regulations (Sea Shepherd New Zealand, et al. v. United States, CIT # 20-00112).
The U.S. opposed a motion at the Court of International Trade from importer Nature's Touch Frozen Foods (West) seeking a stay of enforcement of judgment pending appeal in a customs spat on frozen fruit mixtures. The government said that a stay is "unnecessary and not contemplated by the law for this type of case" since Section 1581(a) of CIT's jurisdiction statute tells CBP "not to effectuate a judgment until it becomes final." Since the case is being appealed to the U.S. Court of Appeals for the Federal Circuit, the trade court's judgment is not final (Nature's Touch Frozen Foods (West) v. United States, CIT # 20-00131).