The U.S. Court of Appeals for the Federal Circuit on Oct. 10 rejected a Canadian lumber exporter’s attempt to challenge the denial of a cash deposit rate under 28 U.S.C. 1581(i), saying the exporter was attempting "to use § 1581(i) to make an end run around the binational panel’s exclusive review."
The Court of International Trade on Oct. 11 sustained the Commerce Department's remand results in a case on the antidumping duty investigation on polyester textured yarn from Indonesia, dropping the AD rate for respondent PT. Asia Pacific Fibers TBK from 26.07% to 9.2%. On remand, Commerce allowed Asia Pacific to fix errors in its submissions. The respondent provided requested translations and a "narrative explanation of its reporting methodologies," allowing the agency to reconcile the company's sales and cost reporting. No party contested the result.
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 10 on AD/CVD proceedings:
The U.S. Supreme Court on Sept. 30 granted exporter Saha Thai Steel Pipe Public Co.'s application for more time to file a petition for a writ of certiorari in an antidumping duty scope case. The high court sent the U.S. Court of Appeals for the Federal Circuit a letter notifying the court of the extension on Oct. 7 (Saha Thai Steel Pipe Public Co. v. United States, Fed. Cir. # 22-2181).
The U.S. on Oct 8, joined by defendant-intervenors Oct. 9, pushed back against an aluminum importer’s claim that the Commerce Department had wrongly looked at only two of five factors in a circumvention investigation to determine a product’s country of origin -- even finding the other three factors actually weighed against its ruling (Hanon Systems Alabama Corp. v. U.S., CIT # 24-00013).
The Court of International Trade on Oct. 8 sustained the Commerce Department's scope ruling including importer Printing Textiles' "Canvas Banner Matisse" imports within the scope of the antidumping duty order on artist canvas from China. Judge Timothy Stanceu said Commerce's interpretation of one sentence of the order's scope that is ambiguous "was not per se unreasonable."
The U.S. Court of Appeals for the Federal Circuit said Oct. 10 that Canadian lumber exporter J.D. Irving was trying to avoid review by a binational panel by bringing its antidumping duty case to the Court of International Trade under 28 U.S.C. 1581(i) jurisdiction rather than 1581(c). It said that the “true nature” of the exporter’s action was opposition to an AD rate it received in 2019, not the Commerce Department’s subsequent instruction to CBP, as J.D. Irving didn’t participate in the 2020 review. It also said that a binational panel had the power to provide J.D. Irving relief, if warranted (J.D. Irving v. U.S., Fed. Cir. # 23-1652).
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 9 on AD/CVD proceedings:
The U.S. swapped its principal counsel in a scope case at the U.S. Court of Appeals for the Federal Circuit on the antidumping duty order on butt-weld pipe fittings from China. Judges Timothy Dyk, Haldane Mayer and Jimmie Reyna granted the government's bid to replace senior trial counsel Meen Geu Oh with DOJ trial attorney Anne Delmare. Oh recently argued the case before the appellate court during oral argument held in April (see 2404050066) (Vandewater International v. U.S., Fed. Cir. # 23-1093).
An importer of aluminum extrusions from China -- one of those found by the Court of International Trade in June to have not evaded antidumping and countervailing duties (see 2407100048) -- asked the trade court to award it attorney’s fees, saying that, as a result of the litigation, it had gone out of business (H&E Home v. U.S., CIT Consol. # 21-00337).