The following lawsuits were recently filed at the Court of International Trade:
Kazakh silicon metal exporter Tau-Ken Temir (TKT) and the Kazakh Ministry of Trade and Integration asked the U.S. Court of Appeals for the Federal Circuit for 7,000 more words for its reply brief in a case on the countervailing duty investigation on silicon metal from Kazakhstan. The exporter and the government agency said they need double its current word count to respond to the reply briefs filed by the U.S. and the petitioners, which collectively are over 20,000 words (Tau-Ken Temir v. U.S., Fed. Cir. # 22-2204).
The International Trade Commission has discretion on when to cumulate imports in injury determinations, the commission said in its Oct. 19 opposition memo at the Court of International Trade. That discretion extended to the commission's decision to cumulate imports from Australia with other shipments in its sunset review of the antidumpingm duty orders on steel goods from Australia, Japan, the Netherlands, Russia, South Korea, Turkey and the U.K., it said (BlueScope Steel v. U.S., CIT # 22-00353).
The Court of International Trade should partially end a case for one of two plaintiffs as its claims have already been ruled on by the court, German exporter and consolidated plaintiff Salzgitter Mannesmann Grobblech said in its Oct. 19 motion for partial judgment (AG der Dillinger Huttenwerke v. U.S., CIT Consol. # 17-00158).
The Commerce Department wasn't required to issue exporter Jin Tiong Electrical Materials Manufacturer a questionnaire for purposes of giving the company a separate antidumping duty rate, the U.S. government told the U.S. Court of Appeals for the Federal Circuit in an Oct. 20 reply brief. The government said 19 U.S.C. § 1677f-1(c)(1) -- the statute relied on by Jin Tiong to claim that Commerce can't limit the number of respondents when the number is small -- doesn't speak to a process that Commerce must follow in carrying out its separate rate examinations (Repwire v. United States, Fed. Cir. # 23-1933).
The Court of International Trade in an Oct. 20 order granted the U.S. request for a remand in an antidumping and countervailing duty evasion case to review the implications of the U.S. Court of Appeals for the Federal Circuit's ruling in Royal Brush Manufacturing v. U.S. In that decision, the appellate court found CBP's failure to grant Enforce and Protect Act respondents access to the confidential information in the proceeding violated their due process rights (Newtrend USA Co. v. United States, CIT # 22-00347).
The Commerce Department legally found that the Korean government didn't provide a countervailable benefit through its provision of electricity to respondents in the countervailing duty investigation on carbon and alloy steel cut-to-length plate from South Korea, the U.S. Court of Appeals for the Federal Circuit ruled Oct. 23. Judges Raymond Chen, Todd Hughes and Tiffany Cunningham said Commerce sufficiently carried out a less-than-adequate-remuneration (LTAR) analysis after its original preferential rate analysis fell short before the appellate court in 2019.
The World Trade Organization's published agenda for the Dispute Settlement Body's Oct. 26 meeting includes U.S. status reports on the implementation of DSB recommendations on: antidumping measures on certain hot-rolled steel products from Japan; antidumping and countervailing measures on large residential washers from South Korea; certain methodologies and their application to antidumping proceedings involving China; and Section 110(5) of the U.S. Copyright Act. Status reports also are expected from Indonesia on measures related to the import of horticultural products, animals and animal products, and from the EU on measures affecting the approval and marketing of biotech products.
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 23 on AD/CVD proceedings:
The Commerce Department correctly relied entirely on adverse facts available (see 2309200030) to calculate a 760% dumping rate for antidumping duty respondent Saffron Living Co. on remand, a group of petitioners, led by Brooklyn Bedding, said in their Oct. 20 remand comments at the Court of International Trade (Brooklyn Bedding v. U.S., CIT # 21-00285).