Plaintiff-appellants led by Carbon Activated Tianjin were not required to exhaust their arguments against the use of Malaysian import data under Harmonized System subheading 2708.10 to calculate a surrogate value for coal tar because Commerce used data from the subheading for the first time in the antidumping duty review's final results, counsel for Carbon Activated told the U.S. Court of Appeals for the Federal Circuit during March 7 oral arguments (Carbon Activated Tianjin Co. v. United States, Fed. Cir. # 22-1298).
The following lawsuit was recently filed at the Court of International Trade:
The Commerce Department failed to provide antidumping duty respondent CPW America Co. with a chance to comment on the agency's change in methodology, which resulted in a change from a zero percent dumping rate to one derived from total adverse facts available, CPW and Corinth Pipeworks Pipe Industry argued in a March 3 reply brief at the Court of International Trade. CPW said that Commerce illegally used AFA based on an "erroneous conclusion" that the respondent's reported costs were not reconciled to its normal books and records (Corinth Pipeworks Pipe Industry v. United States, CIT # 22-00063).
The Court of International Trade erred in finding that importer Rimco was required to raise its claims that antidumping and countervailing duty rates violated the U.S. Constitution's Eighth Amendment regarding excessive fines before the Commerce Department administratively, Rimco told the U.S. Court of Appeals for the Federal Circuit in a March 8 reply brief (Rimco v. United States, Fed. Cir. # 22-2079).
The Court of International Trade remanded the Commerce Department's decision not to use adverse facts available for Assan Aluminyum Sanayi ve Ticaret's billing adjustments in an antidumping duty investigation on common alloy aluminum sheet from Turkey, in a March 1 opinion made public March 8.
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on March 6 reactivated an appeal from U.S. Steel that had been on hold pending a bid to reconsider the underlying Court of International Trade decision (see 2211020073). CIT in February denied SeAH Steel's motion for reconsideration of its decision upholding the Commerce Department's use of the Cohen's d test as part of its differential pricing analysis to root out "masked" dumping (SeAH Steel v. U.S., Fed. Cir. # 23-1109).
The U.S. and importer Root Sciences struck a settlement in a case on whether Root's cannabis crude extract recovery machine imports should be seized as "drug paraphernalia," the importer said in a March 7 brief at the U.S. Court of Appeals for the Federal Circuit. Under the settlement, CBP will release the merchandise to the plaintiff and Root will end its suit, according to the consent motion to voluntarily dismiss the appeal (Root Sciences v. United States, Fed. Cir. # 22-1795).
CBP legally initiated an Enforce and Protect Act case on Columbia Aluminum Products' door thresholds even though they had been ruled exempt from antidumping and countervailing duties on aluminum extrusions from China, in a Commerce Department scope ruling upheld by the Court of International Trade (see 2212190051), the government told the trade court in a March 7 brief. CBP said EAPA petitioner Endura Products' evasion allegations against the importer came before the CIT decision and were valid "at the time they were made," DOJ said (Columbia Aluminum Products v. United States, CIT Consol. # 19-00185).
The first ruling from the World Trade Organization's multiparty interim appeal arbitration arrangement (MPIA), an alternative to the defunct Appellate Body, put on display the various new facets of the new MPIA, according to one of the arbitrators who is also a Geneva Graduate Institute law professor. The ruling involved Colombian antidumping duties on frozen fries from certain EU countries, with novelties including word and time limits, a prehearing conference, and an online recording of the hearing, Joost Pauwelyn said in a March 6 blog post.