The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade granted a consent motion July 9 to stay proceedings in a case brought by Advantus pending the appeal of decisions made in two cases, ARP Materials, Inc. v. United States and Harrison Steel Castings Co. v. United States. Judge Miller Baker granted the stay until 30 days after the U.S. Court of Appeals for the Federal Circuit issues its mandates in those two cases. ARP and Harrison have not appealed to the Federal Circuit but indicated that they would like to do so (see 2106110053).
The Court of International Trade remanded the Commerce Department's final results of an administrative review of the antidumping duty order on welded carbon steel standard pipes and tubes from India, in a July 9 confidential opinion. Judge Claire Kelly subsequently issued a letter, stating her intention to have the public version of the opinion published “on or shortly after” July 19. Parties to the case are to review the confidential opinion and identify any confidential information to be bracketed for redaction in the public version. The case, according to the Jan. 30, 2020, complaint, concerned Commerce's use of a particular market situation to increase the cost of hot-rolled coil, the primary input, while computing the cost of the foreign like product in the below-cost analysis of home market sales for the Indian pipes and tubes (Garg Tube Export LLP et al. v. United States, CIT #20-00026).
Commercial airline operator NetJets Aviation's lawsuit in the Court of International Trade over CBP's assessment of customs user fees on certain of its flights should be partially dismissed since NJA, in part, is claiming the wrong jurisdiction, the Department of Justice said. NJA challenged CBP's denial of its customs protest, filing its case under Section 1581(a) and 1581(i) in CIT, the latter being a challenge to agency action. Submitting a partial motion to dismiss on July 7, DOJ said that NJA's 1581(i) claim should be tossed since 1581(a) exists as the proper avenue of jurisdiction (NetJets Aviation, Inc. v. United States, CIT #21-00142).
The Commerce Department was permitted to apply "facts otherwise available" in an antidumping duty investigation where it was unable to verify certain information due to the COVID-19 pandemic, the Department of Justice said in a July 2 brief to the Court of International Trade. Responding to plaintiffs, led by Bonney Forge Corp., DOJ said that the pandemic and travel restrictions prohibited Commerce from conducting on-site verifications during an investigation on forged steel fittings from India (Bonney Forge Corporation et al. v. United States, CIT #20-03837).
The following lawsuits were recently filed at the Court of International Trade:
Global Aluminum Distributor backed Kingtom Aluminio's renewed bid to join a lawsuit over an Enforce and Protect Act investigation that found it helped importers evade antidumping and countervailing duties on aluminum extrusions from China, while the original EAPA alleger, Ta Chen International, disputed Kingtom's motion for reconsideration in the case, in briefs filed July 7 (Global Aluminum Distributor LLC v. U.S., CIT #21-00198). Kingtom asks the Court of International Trade to reverse its own June 21 decision that Kingtom can't intervene in the case, brought by the importers found to have evaded AD/CV duties.
The Commerce Department swapped the surrogate labor data it used to calculate normal value in an antidumping investigation after it reconsidered evidence showing signs of forced labor in Malaysia's electrical and electronics [E&E] sector, according to July 8 remand results filed in the Court of International Trade. Finding that this forced labor unfairly skewed the labor costs for consideration as surrogate data, Commerce instead opted to use International Labor Comparisons data for Mexico in 2016 to determine the surrogate labor value (New American Keg v. United States, CIT #20-00008).
The following lawsuits were recently filed at the Court of International Trade:
Garg Tube Export and Garg Tube Limited want their challenge to the 2018-19 administrative review of the antidumping duty order on welded carbon steel standard pipes and tubes from India in the Court of International Trade stayed pending their appeal in a related case over the existence of a particular market situation for hot-rolled coil in India. The Federal Circuit appeal will also address the Commerce Department's application of adverse facts available due to the plaintiffs' unaffiliated vendor's failure to submit costs of production data. Garg's July 6 motion to stay received the consent of the two defendant-intervenors, Nucor Tubular Products and Wheatland Tube, but will meet opposition from the Justice Department (Garg Tube Export LLP et al. v. United States, CIT #21-00169).