Exporter Salzgitter Flachstahl asked a panel at the U.S. Court of Appeals for the Federal Circuit to rehear its case on the use of partial adverse facts available against the company in the antidumping duty investigation on cut-to-length carbon and alloy steel plate from Germany. Salzgitter argued that the panel seemingly ruled against its proposed methodology for addressing missing manufacturer information for around 28,000 of its downstream sales made in Germany by one of its affiliates based on a misunderstanding of the methodology (AG der Dillinger Huttenwerke v. United States, Fed. Cir. # 24-1219).
The Commerce Department abused its discretion in rejecting a submission from respondent Tau-Ken Temir in a countervailing duty investigation, which was filed one hour and 41 minutes late, the U.S. Court of Appeals for the Federal Circuit held on Aug. 4. Judge Todd Hughes filed a dissent in the case, noting that he believes "Commerce has extensive authority to enforce its own deadlines."
The Commerce Department slashed antidumping duty respondent Saha Thai Steel Pipe's antidumping duty rate to zero percent on remand in a case on the administrative review of the AD order on circular welded carbon steel pipes and tubes from Thailand for the 2018-19 review period. The case was remanded after the Court of International Trade said Commerce failed to notify Saha Thai of supposed deficiencies in its submissions (see 2212020060) (PT. Saha Thai Steel Pipe Public Co. v. United States, CIT # 21-00049).
Importers Wego and Galleher didn't waive or forfeit their arguments against the Commerce Department's separate antidumping duty rate calculated in the administrative review of the antidumping duty order on multilayered wood flooring from China for the 2016-17 review period, the importers argued in a July 31 reply brief at the U.S. Court of Appeals for the Federal Circuit (Galleher Corp. v. U.S., Fed. Cir. # 25-1196).
The Commerce Department abused its discretion in rejecting exporter Jindal Poly Films' affiliate questionnaire response as untimely in the administrative review of the countervailing duty order on polyethylene terephthalate film, sheet and strip from India for the 2021 review period, the Court of International Trade held on Aug. 1. Judge Mark Barnett said Commerce failed to consider other factors in rejecting the submission, including the "early stage of the proceeding," the fact that Jindal was selected only after requests for review of all other companies were withdrawn and whether accuracy considerations outweighed the burden on Commerce.
The Commerce Department adequately explained its determinations regarding all the factors underlying a scope ruling on pencils made in the Philippines, though it failed to explain how it balanced these factors to find that the subject pencils fall under the scope of pencils from China, Judge M. Miller Baker held on July 31. Baker remanded the scope ruling "for the agency to provide the missing explanation."
The U.S. Court of Appeals for the Federal Circuit on July 30 granted the government's motion for an extension of time to file a reply brief in a case on whether the Commerce Department had adequate industry support to launch the antidumping duty investigations on oil country tubular goods from Argentina, Mexico, South Korea and Russia. However, the court said the motion is granted "to the limited extent that the United States’s response brief is due no later than" Aug. 4, noting that the reply brief is still due no later than Sept. 3 (Tenaris Bay City v. U.S., Fed. Cir. # 25-1382).
Two monosodium glutamate (MSG) importers told the Court of International Trade in a July 30 complaint that the Commerce Department unlawfully subjected MSG entries from Malaysia that used Chinese glutamic acid to the antidumping duty order on MSG from China retroactively (CPF Legacy v. United States, CIT # 25-00149).
All active judges at the U.S. Court of Appeals for the Federal Circuit on July 31 heard oral argument in the lead case on the legality of tariffs imposed under the International Emergency Economic Powers Act. The 11 judges peppered counsel for the government and the parties challenging the tariffs, which include five importers and 12 U.S. states, with questions about whether the statute authorizes tariffs at all; whether there are limits to that tariff authority, should it exist; and whether the major questions or non-delegation doctrines strip IEEPA of its ability to convey tariff authority (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).
The Court of International Trade on July 29 signed off on importer Briggs & Stratton's dismissal of its case on CBP's assessment of excess duties, taxes and fees on its engine parts and components (see 2301250071). The importer filed its notice of dismissal last month (see 2506270029). Briggs & Stratton brought the suit to argue that the duties were added due to clerical and technical errors. The case was previously dismissed for lack of prosecution, though the trade court re-added it to the court's docket after the company asked for relief (see 2502040015) Counsel for Briggs & Stratton didn't respond to a request for comment on the reason for dismissal (Briggs & Stratton Corp. v. United States, CIT # 23-00014).