The Court of International Trade ruled that exporter Eregli Demir ve Celik Fabrikalari (Erdemir) failed to show that the court should revisit its past order allowing four U.S. steel companies to intervene in a case on the International Trade Commission's injury determination related to imports of hot-rolled steel from Turkey. Judge Timothy Reif said the four companies champion claims that share a common question of law or fact with the case's main action, would be adversely affected if the court were to rule in Erdemir's favor and would not unduly delay the adjudication of the original parties' rights.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 15 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should deny exporter Pirelli Tyre Co.'s motion to alter or amend the court's judgment so that the court may interpret Italian law since Pirelli cannot show that there were errors or irregularities in the ruling, the U.S. claimed in a reply brief. The government added that even if the trade court were to consider the evidence Pirelli is looking to add to the record, the motion fails "because it is not the role of this Court to make factual determinations with regard to foreign law in Commerce’s stead" (Pirelli Tyre Co. v. United States, CIT # 20-00115).
The Court of International Trade canceled an oral argument that had been set for June 6 in an antidumping duty case that revolves around the Commerce Department's decision not to treat Indonesia as being at the same level of economic development as Vietnam during the surrogate country selection process in an AD administrative review on frozen fish fillets from Vietnam. The Catfish Farmers of America also argued against a byproduct offset granted for respondent NTSF Seafoods Joint Stock Co. Judge M. Miller Baker instead ordered the parties to file supplemental briefs addressing the evidence cited in the briefing related to the byproduct offset issue. Baker said "the meaning and significance of that evidence is unclear to the court." The briefs may not exceed 2,500 words and must be filed within 21 days (Catfish Farmers of America v. U.S., CIT # 20-00105).
The U.S. reply in a scope case on Vandewater International's steel branch outlets fails to follow either scope principle established by the U.S. Court of Appeals for the Federal Circuit's key precedential opinion in Arcelormittal Stainless Belg. v. U.S., appellant Sigma Corp. told the appellate court in a reply brief. In violation of Arcelormittal, the government interpreted the antidumping duty order on butt-weld pipe fittings from China in a vacuum devoid of any consideration of the way the order's language is used in the relevant industry and identified ambiguity where none exists, Sigma argued (Vandewater International v. United States, Fed. Cir. # 23-1093).
The Commerce Department and the International Trade Commission published the following Federal Register notices May 12 on AD/CVD proceedings:
No lawsuits were recently filed at the Court of International Trade.
The Commerce Department drew impossible conclusions with its adverse facts used in the antidumping duty investigation on carbon and alloy steel cut-to-length plate from France, relying on likely sales prices in place of production costs, counsel for Dillinger France said during May 10 oral arguments at the Court of International Trade (Dillinger France v. U.S., CIT # 17-00159).
Arguments from the U.S. and countervailing duty petitioner Coalition for Fair Trade in Ripe Olives related to the Commerce Department's "substantially dependent" finding in the Spanish olives CVD investigation are "part predictable and part remarkable," two Spanish olive growers and a Spanish olive trade group told the U.S. Court of Appeals for the Federal Circuit in a reply brief (Asociacion de Exportadores e Industriales de Aceitunas de Mesa v. United States, Fed Cir. # 23-1162).