The government owes interest on refunded duty overpayments made with a prior disclosure, importer Otter argued in a Feb. 16 motion at the Court of International Trade. Government arguments that repayments of voluntary tenders are not subject to interest accruals means that penalties for prior disclosures could never be enforced if they were made before a penalty was issued, Otter said (Otter Products v. United States, CIT #22-00033).
The following lawsuit was recently filed at the Court of International Trade:
U.S. steelmakers Nucor, Steel Dynamics, SSAB Enterprises and Cleveland-Cliffs should not be allowed to intervene in a case challenging the International Trade Commission's decision not to review an antidumping injury proceeding, plaintiff Eregli Demir ve Celik Fabrikalari argued in a series of three Feb. 15 briefs at the Court of International Trade (Eregli Demir ve Celik Fabrikalari T.A.S. v. United States, CIT # 22-00349).
An Enforce and Protect Act finding of evasion against Blue Pipe Steel Center should not be decided on by the Court of International Trade while the underlying scope issue is still on appeal, argued the government in a Feb. 15 motion at the Court of International Trade. DOJ asked the court to deny a motion for judgment from Blue Pipe, or alternatively, defer its decision until after the U.S. Court of Appeals for the Federal Circuit resolves the scope issue (Blue Pipe Steel Center Co., Ltd. v. United States, CIT # 21-00081).
The following lawsuits were recently filed at the Court of International Trade:
Antidumping and countervailing duty petitioner Aluminum Extrusions Fair Trade Committee will appeal two December Court of International Trade opinions upholding Commerce Department scope rulings. In the case, Commerce on remand found importers Worldwide Door Components' and Columbia Aluminum Products' door thresholds were not covered by the scope of the antidumping and countervailing duty orders on aluminum extrusions from China, finding they qualify for the finished merchandise exclusion (see 2212190051). Per a pair of Feb. 14 notices of appeal, the committee will take the case to the U.S. Court of Appeals for the Federal Circuit (Worldwide Door Components v. U.S., CIT #19-00012) (Columbia Aluminum Products v. U.S., CIT #19-00013).
The Court of International Trade in a Feb. 14 order granted the Commerce Department's bid for a voluntary remand to address its selection of only one respondent in a countervailing duty case. Judge Timothy Reif gave the agency 45 days to file its remand results (Jiangsu Senmao Bamboo and Wood Industry Co. v. U.S., CIT Consol #20-03885).
The Commerce Department correctly assigned an adverse facts available rate to a Vietnamese exporter for its failure to respond to a supplemental questionnaire, even though it had previously found the company was not under government control and granted it a separate rate, the Catfish Farmers of America, a defendant-intervenor, argued in its Feb. 10 response brief at the Court of International Trade (Green Farms Seafood Joint Stock Company v. United States, CIT # 22-00092).
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit in a Feb. 13 text-only notice alerted appellee CP Kelco it has failed to file a response brief in an Enforce and Protect Act case. The court said failure to file such a brief could lead to "dismissal or other action as deemed appropriate by the court" (All One God Faith v. U.S., Fed. Cir. # 23-1078).