The Court of International Trade on Oct. 22 denied the government's motion to stay judicial proceedings in a lawsuit from various seafood importers against the National Marine Fisheries Service's comparability findings of 240 fisheries across 46 nations. While the U.S. said the case should be stayed due to the federal government shutdown, Judge Joseph Laroski said the government's concerns regarding the shutdown, "while substantial, do not outweigh the urgency of judicial review" in this case due to the harm alleged by the importers (National Fisheries Institute v. United States, CIT # 25-00223).
The Commerce Department didn't properly support its decision to base antidumping duty respondent Toyo Kohan's date of sale for the company's U.S. sales on its shipment date in the 2022-23 review of the AD order on diffusion-annealed, nickel-plated flat-rolled steel products from Japan, the Court of International Trade held in a decision issued Oct. 23.
Two law professors focusing on sanctions law filed an amicus brief at the Supreme Court on Oct. 22 focusing on the history of the International Emergency Economic Powers Act. The professors, Fordham School of Law's Andrew Kent and University of Virginia School of Law's Paul Stephan, argued that IEEPA, which confers emergency powers for peacetime, doesn't let the president impose tariffs on imports and "stands in contrast" with the Trading With the Enemy Act, which "authorizes war powers" (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
Kenneth Nunnenkamp, former partner at Morgan Lewis, has joined Blank Rome as a partner in the international trade practice group, the firm announced. Nunnenkamp's practice centers on national security issues, including Committee on Foreign Investment in the United States reviews, export controls and sanctions. At Morgan Lewis, he led the firm's CFIUS working group.
The U.S. Court of Appeals for the Federal Circuit on Oct. 20 announced that the Circuit Library is closed until further notice, and that "all public and support services, including services to members of the bar and unrepresented filers, are suspended" during the course of the federal government shutdown. The announcement comes after the federal court system said it ran out of money to continue full, paid operations on Oct. 20 (see 2510200021).
Antidumping duty petitioner Domtar dropped its case at the Court of International Trade on the 2022-23 administrative review of the AD order on thermal paper from Germany. Domtar filed a notice of dismissal on Oct. 21, which the court granted the same day. Counsel for Domtar didn't immediately respond to a request for comment (Domtar v. United States, CIT # 25-00213).
The International Trade Commission "largely ignored the market conditions" and failed to give meaning to the term "significant" when assessing the volume of imports of oil country tubular goods from Argentina, Mexico, Russia and South Korea, importers led by Tenaris Bay City said in their opening brief at the U.S. Court of Appeals for the Federal Circuit (Tenaris Bay City v. United States, Fed. Cir. # 25-2034).
The Commerce Department reasonably decided to include two types of products made by antidumping duty respondent BGH Edelstahl Siegen in its calculation of BGH's home market sales, the Court of International Trade held on Oct. 22. Judge Mark Barnett said the respondent's attempt to remove these two products from the normal value calculation failed, since it necessarily required the addition of an end-use requirement in the scope of the AD order on forged steel fluid end blocks from Germany.
No lawsuits have been filed recently at the Court of International Trade.
The U.S. dropped its appeal of a Court of International Trade decision finding that CBP isn't entitled to Customs Passenger Processing Fees paid by individual passengers who cancel their tickets and never actually travel to the U.S. After the government said it was dropping the case against Southwest Airlines, the U.S. Court of Appeals for the Federal Circuit dismissed the proceeding (Southwest Airlines Co. v. United States, Fed. Cir. # 25-1797).