The United States will not participate in the appeal over whether the law permits expedited countervailing duty reviews, the Department of Justice told the U.S. Court of Appeals for the Federal Circuit in a Jan. 19 letter. In the case, originally brought by the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations, the Court of International Trade said that there was no legal authority for such reviews (see 2108190002). The decision was then appealed by the Canadian government, among other parties, which argued that the trade court improperly applied Chevron deference to the Commerce Department when it found that two different sections of the Uruguay Round Agreements Act didn't give Commerce the legal authority to carry out expedited reviews (see 2112280025) (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations, et al. v. U.S., Fed. Cir. #19-00122).

The Court of International Trade erred when it said that there was no legal authority for expedited countervailing duty reviews, appellants told the U.S. Court of Appeals for the Federal Circuit in their opening brief. The appellants, led by the Canadian government, argued that the trade court improperly applied Chevron deference to the Commerce Department in finding that two different sections of the Uruguay Round Agreements Act didn't give Commerce the legal authority to carry out expedited reviews (Committee Overseeing Action for Lumber International v. U.S., Fed. Cir. #19-00122).

Consolidated plaintiff, defendant-intervenor and Canadian lumber company Fontaine will appeal an August Court of International Trade opinion to the U.S. Court of Appeals for the Federal Circuit, it said in an Oct. 15 notice of appeal. The decision vacated a Commerce Department regulation establishing expedited reviews for countervailing duty investigations (see 2108190002). Following four opinions from CIT, the trade court eventually found that it could not find any statutory basis for the regulations. Another consolidated plaintiff and defendant-intervenor, Mobilier Rustique (Beauce) Inc., has appealed the decision (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations, et al. v. United States, CIT Consol. #19-00122).

A Commerce Department regulation establishing expedited reviews for countervailing duty investigations was vacated in an Aug. 18 opinion from the Court of International Trade. Chief Judge Mark Barnett penned his fourth opinion in the case, upholding Commerce's finding that it couldn't find any alternative statutory basis on which to find that the regulation can exist.

The following lawsuits were filed at the Court of International Trade during the week of March 22-28:

The following lawsuits were filed at the Court of International Trade during the week of June 15-21:

The following lawsuits were filed at the Court of International Trade during the weeks of July 15-21 and July 22-28:

A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website July 29, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADD CVD Search page:

A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website July 17, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADD CVD Search page: