Exporter Oman Fasteners asked the U.S. Court of Appeals for the Federal Circuit on Jan. 29 to dismiss petitioner Mid Continent Steel & Wire's appeal of a Court of International Trade decision imposing an injunction on the Commerce Department's antidumping duty cash deposits on Oman Fasteners' steel nail imports. The exporter said the injunction is no longer active because the Commerce Department completed the next administrative review of the AD order, so there is no live controvery in the case (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
The Court of International Trade on Jan. 31 remanded for a third time the Commerce Department's antidumping investigation on refillable stainless steel kegs from China, rejecting the agency's continued use of a Mexican data set to calculate a surrogate labor costs value for respondent Ningbo Master International Trade. Judge M. Miller Baker said Brazilian wage data already provided by petitioner American Keg was "correct as a factual matter," making Commerce's reopening of the record on remand to seek additional Mexican data unjustified.
The following trade-related lawsuit was recently filed at the Court of International Trade:
The U.S. swapped out its lead counsel in an antidumping duty case brought by importer Repwire and exporter Jin Tiong Electrical Materials Manufacturer at the U.S. Court of Appeals for the Federal Circuit after its counsel, Eric Singley, left DOJ. The government said in a Jan. 26 notice that it will slot DOJ attorney Kelly Geddes into the lead counsel role. Jin Tiong and Repwire filed the appeal to contest the government's finding that Jin Tiong wasn't eligible for a separate AD rate in the 2019-20 AD review of aluminum wire and cable from China because it didn't submit a separate rate application, even though a separate rate questionnaire was accidentally sent to it (Repwire v. U.S. , Fed. Cir. # 23-1933).
The Rebar Trade Action Coalition, a domestic petitioner and defendant-intervenor in a case recently decided in the Court of International Trade, announced Jan. 26 it will be filing an appeal in the U.S. Court of Appeals for the Federal Circuit. It is seeking to overturn CIT’s holding that Turkish shipbuilding company and scrap metal supplier Nur Gemicilik ve Ticaret isn't a cross-owned input supplier of Kaptan Demir Celik Endustrisi ve Ticaret, a rebar producer and countervailing duty respondent in the Commerce Department’s 2018 investigation of its products (see 2311270059). The decision meant that Commerce didn't have to attribute Nur’s government subsidies to Kaptan, which ultimately received a de minimis duty in the review (Kaptan Demir Celik Endustrisi ve Ticaret v. U.S., CIT # 21-00565).
A wood board importer filed for summary judgment Jan. 26 challenging an August 2023 scope ruling that found the company’s edge-glued boards intended for making cabinets were subject to the antidumping and countervailing duty orders on wood mouldings and millwork products from China (Hardware Resources v. U.S., CIT # 23-00150).
Various importers and exporters are looking to intervene in a suit from solar cell maker Auxin Solar and solar module designer Concept Clean Energy challenging the Commerce Department's pause of antidumping and countervailing duties on solar cells and modules from Southeast Asian countries found to be circumventing the AD/CVD orders on these goods from China (Auxin Solar v. United States, CIT # 23-00274).
A Commerce Department scope ruling on T-series aluminum sheet "would overturn more than 10 years of black-letter law related to scope inquiries," importer Valeo North America told the U.S. Court of Appeals for the Federal Circuit on Jan. 26. Filing an opening brief at the appellate court, Valeo said that Commerce bucked the traditional framework for finding if a good is within the scope of an antidumping and countervailing duty order by extending "beyond the express scope language" to rely on improper (k)(1) factors (Valeo North America v. United States, Fed. Cir. # 24-1189).
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 29 on AD/CVD proceedings:
CBP ruled that it provided adequate notice of its extension of liquidation for entries bonded by Pennsylvania National Mutual Casualty Insurance Company that it had found subject to antidumping and countervailing duties, the agency said in a recent ruling. CBP found that there was no requirement to provide anything other than a notice beyond posting the notice on its website, and the courtesy notice provided for under the agency's regulations is not required.