Petitioner Aluminum Association Trade Enforcement Working Group told the Court of International Trade on May 20 that it would be making arguments in its aluminum foil case on the basis of the recently decided solar cell cases (see 2505160045, 2505190059 and 2505190054) (Hanon Systems Alabama Corp. v. United States, CIT # 24-00013).
The U.S. Court of Appeals for the Federal Circuit on May 23 extended a stay in an antidumping duty case after the Court of International Trade settled a related lawsuit. Judge Timothy Dyk noted that the parties told the court that, if no party files an appeal in the related case, the present case before CAFC will be withdrawn. As a result, Dyk extended the stay and said the parties have until seven days after June 16 to tell the court how they plan to proceed (Bioparques de Occidente v. United States, Fed. Cir. # 23-2109).
Steel wire importer Deacero filed a motion for judgment May 19 saying the Commerce Department’s circumvention finding regarding its prestressed concrete steel wire (PC) strand, made under Section 781(a), represents a dangerous precedent that would let Commerce impose duties on all intermediate steel products and “endanger investment” in U.S. manufacturing (Deacero v. United States, CIT # 24-00212).
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The Court of International Trade upheld CBP's finding that importer Vanguard Trading evaded the antidumping duty order on Chinese quartz countertops, in a decision made public May 27. Judge Timothy Reif held that CBP wasn't required to make a covered merchandise referral to the Commerce Department under the statute, since CBP determined under its own authority that Vanguard's goods were covered products. Reif also said CBP wasn't required to stay the evasion proceeding after Vanguard filed a formal scope inquiry, noting that such a position would let an importer unilaterally achieve a "pause" in an evasion proceeding by filing a separate scope request with Commerce -- a position that is "plainly contrary" to the evasion statute's "legislative history." Reif then concluded that the evasion determination wasn't arbitrary or capricious.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 27 on AD/CVD proceedings:
The following lawsuit was filed recently at the Court of International Trade:
A trade group that requested antidumping and countervailing duties on glass wine bottles brought a 27-count complaint to the Court of International Trade on May 21. The petitioner challenged the International Trade Commission’s determination that bottle imports weren’t harming the domestic industry (U.S. Glass Producers Coalition v. United States, CIT # 25-00076).
The U.S. filed a May 19 supplemental brief in a 2021 case involving dual-stenciled pipe from Thailand to address the case’s last “remaining contention” after the importer lost in the U.S. Court of Appeals for the Federal Circuit (Blue Pipe Steel Center Co., Ltd. v. United States, CIT # 21-00081).
The U.S. Court of Appeals for the Federal Circuit on May 23 denied a petition for panel rehearing and rehearing en banc in an antidumping duty scope case filed by importers Smith-Cooper International and Sigma. Judges Kimberly Moore, Haldane Mayer, Alan Lourie, Timothy Dyk, Sharon Prost, Jimmie Reyna, Richard Taranto, Raymond Chen, Todd Hughes, Kara Stoll, Tiffany Cunningham and Leonard Stark denied the petition (Vandewater International v. United States, Fed. Cir. #s 23-1093, -1141).