A Texas court dismissed charges related to a U.S. foreign bribery investigation involving Portuguese banker Paulo Jorge Da Costa Casequeiro Murta, ruling the U.S. violated the Speedy Trial Act by failing to bring Murta to trial within the 70-day limit set in the statute (United States v. Paulo Jorge Da Costa Casqueiro Murta, S.D. Tex. #4:17-00514).
The Commerce Department erred in finding that exporter Asia Wheel Co.'s trailer wheels are within the scope of the antidumping and countervailing duty orders on steel wheels 12 to 16.5 inches in diameter from China, the company said in a June 8 complaint at the Court of International Trade (Asia Wheel Co. v. United States, CIT # 23-00096).
The Court of International Trade correctly dismissed appellant Glob Energy's claims for lack of jurisdiction in an Enforce and Protect Act case in which CBP said the company and others were transshipping Chinese xanthan gum through India to avoid antidumping duties, the U.S. said in a reply brief at the U.S. Court of Appeals for the Federal Circuit. CBP liquidated Glob's entries and the company did not appeal the liquidations "through channels that would permit the trial court to exercise jurisdiction over those entries," and as a result, the liquidations become final and unreviewable, the brief said (All One God Faith v. United States, Fed. Cir. # 23-1078).
The U.S. Court of Appeals for the Federal Circuit should deny Oman Fasteners' bid to dismiss Mid Continent's appeal of a Court of International Trade opinion which consolidated a motion for an injunction on antidumping duty cash deposits with a motion for judgment, saying the motion to dismiss is a “revisionist version of the record and applicable statutes, regulations, and judicial precedent” and isn't accurate, Mid Continent said in a reply brief June 6 (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
A rehearing of the U.S. Court of Appeals for the Federal Circuit's decision in PrimeSource Building Products v. U.S., upholding President Donald Trump's decision to expand Section 232 duties on "derivatives" of steel and aluminum products, is "unwarranted," the U.S. argued in a reply brief. While the petitioners, led by PrimeSource, continue to "demur," the U.S. said that the Federal Circuit's decision is "consistent with" Supreme Court and past Federal Circuit decisions, namely Transpacific Steel v. U.S., in which the court said that the president can take action beyond the procedural time limits set in the statute as long as it comports with the original duties' plan of action (PrimeSource Building Products v. United States, Fed. Cir. # 21-2066).
The Court of International Trade on June 7 upheld the Commerce Department's classification of the surrogate values for aluminum ash byproduct and rolling oil inputs in the first antidumping duty administrative review on aluminum foil from China, as well as the agency's decision to use Maersk data to calculate surrogate freight costs and its refusal to grant respondent Jiangsu Zhongji Lamination Materials Co. a double remedies adjustment for input subsidies the respondent said were countervailable.
Bret Vallacher, a former trial attorney at DOJ, moved to the Washington, D.C., office of Massey & Gail in May, Vallacher confirmed with Trade Law Daily. Vallacher's practice will center on a wide range of issues including "contract, employment, securities, antitrust, theft of trade secrets, trademark, deceptive trade practices, false advertising, fraud, defamation, election law, and constitutional takings," the firm said. The attorney, who helped litigate AD/CVD and customs cases at DOJ, said that the case that brought him to join Massey & Gail is the suit by cancer victims against Johnson & Johnson claiming that the company's talcum-based baby powder caused ovarian cancer. Vallacher told TLD he is working on the case.
The Judicial Council of the Federal Circuit voted to exclude Judge Pauline Newman from being assigned new cases amid a probe into her fitness to continue serving as a judge on the influential patent and trade court. The council said that Newman's backlog of opinions and significant delays in issuing opinions when they do come out warrants precluding the 95-year-old judge from presiding over any more cases.
The following lawsuit was recently filed at the Court of International Trade:
The Commerce Department's new methodology for evaluating compliance with a 2019 antidumping duty suspension agreement's requirement to eliminate 85% of dumping has forced industry players to "bet their compliance" on "speculation and estimation," exporter International Greenhouse Produce (IGP) argued in a complaint at the Court of International Trade. The exporter added that Commerce also erred by "treating certain transactions involving U.S. brokers as U.S. sales," jettisoning the definition of "broker" seemingly settled in the 1960s (International Greenhouse Produce v. U.S., CIT # 23-00093).