The Office of the U.S. Trade Representative on Nov. 25 opened a solicitation for applications to join the roster of individuals that may serve on binational dispute panels set up under USMCA.
The following lawsuits were filed recently at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Nov. 25 denied the government's motion to cancel oral argument in a case involving the Commerce Department's use of the Cohen's d test to detect masked dumping. In a per curiam order, the court said the parties "should plan to focus on" the government's motion for a voluntary remand "at argument" (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
CBP lacked the authority to reliquidate three drawback claims regarding three jewelry entries made by Importer Zale Delaware, since the drawback claims deemed liquidated, Zale argued in a Nov 24 complaint at the Court of International Trade (Zale Delaware v. United States, CIT # 25-00139).
The High Court of Singapore will consider whether an arbitral award can be enforced in Singapore in light of U.S. sanctions on the party slated to receive the award. Earlier this month, Judge Thomas Bathurst declined to first and separately consider whether the enforcement of the award is contrary to Singapore's public policy due to the sanctions, opting instead to consider that question along with the other elements of the arbitral dispute.
Able Groupe, an infant formula retailer, pleaded guilty on Nov. 21 to smuggling European infant formula into the U.S. and importing it in violation of the FDA's prior notice requirements, DOJ announced.
The following lawsuits were filed recently at the Court of International Trade:
The U.S. asked the U.S. Court of Appeals for the Federal Circuit on Nov. 21 for a voluntary remand in a case involving a challenge to the Commerce Department's use of the Cohen's d test in light of the CAFC's decision in Marmen v. U.S., invalidating the agency's approach to the test. The government asked that oral argument in the case, which is currently set for Dec. 1, be canceled (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
The Commerce Department permissibly changed its reason for using partial adverse facts available against antidumping duty respondent Saha Thai on remand in the 2020-21 administrative review of the AD order on Thai steel pipes and tubes, the U.S. told the Court of International trade on Nov. 24. The government said Commerce complied with the basic tenets of administrative law by taking new agency action on remand, adding that the agency properly applied partial AFA to find Saha Thai is affiliated with BNK Steel Co., a home market customer (Saha Thai Steel Pipe Public Company v. United States, CIT # 21-00627).
Danielle Cossey, a staff attorney at the Commerce Department, will leave the agency to join Sidley Austin, Cossey confirmed to us. She joined Commerce in the Office of the Chief Counsel for Trade Enforcement and Compliance in 2023 after graduating from the George Washington University Law School. Cossey will start at Sidley on Dec. 1.