The U.S. on Sept. 23 told the Court of International Trade an exporter "confuses statutory schemes" when it claims that past negative antidumping and countervailing duty determinations shield against anti-circumvention findings on the same goods from the same countries. Defending the Commerce Department's circumvention findings of the AD/CVD orders on circular welded carbon quality steel pipes and tubes from China, India and South Korea, the government said exporter SeAH Steel Vina Corp. conflated the criteria for AD/CVD investigations with those for circumvention inquiries (SeAH Steel Vina Corp. v. United States, CIT Consol # 23-00256).
The U.S. Court of Appeals for the Federal Circuit on Sept. 18 issued its mandate in a countervailing duty case after rejecting a motion for rehearing from the governments of Canada and Quebec and exporter Marmen Energie Inc. The parties asked the court to revisit its decision sustaining the countervailability of a Canadian tax program in the CVD investigation on utility scale wind towers from Canada (see 2409120009). The tax program relates to the additional depreciation for certain Class 1 assets. The appellate court said deductions given to Marmen in addition to the standard 4% depreciation rate amount to forgone revenue for the Canadian government (see 2406210031) (Government of Quebec v. U.S., Fed. Cir. # 22-1807).
World Trade Organization members involved in talks on combating plastics pollution met Sept. 18 to try to secure "meaningful outcomes" in curbing plastics pollution at the 14th Ministerial Conference, including through the creation of "domestic inventories of trade-related plastic measures."
The U.S. and exporters led by Kisaan Die Tech Private Limited told the Court of International Trade on Sept. 19 that they reached a settlement in a suit on the 2018-19 review of the antidumping duty order on stainless steel flanges from India (Kisaan Die Tech Private Limited v. United States, CIT # 21-00512).
The U.S. on Sept. 18 brought various claims against the two Singaporean businesses that owned and operated the vessel that destroyed the Francis Scott Key Bridge in Baltimore, DOJ announced. The lawsuit looks to recover over $100 million in costs the U.S. incurred over the course of its response to the "fatal disaster" and for "clearing the entangled wreck and bridge debris from the navigable channel so the port could reopen" (In the Matter of the Petition of Grace Ocean Private Limited, D. Md. # 24-00941).
The U.S. told the Court of International Trade on Sept. 18 that CBP seized an entry of 7-keto dehydroepiandrosterone at issue in a suit brought by importer UniChem Enterprises (UniChem Enterprises v. United States, CIT # 24-00033).
Importer Nutricia North America told the U.S. Court of Appeals for the Federal Circuit on Sept. 18 that the government's claims in a customs suit on the company's medical foods present "several fundamental flaws." Nutricia argued that, despite the government's claim that the products are barred from Harmonized Tariff Schedule heading 3004 due to Note 1(a) to chapter 30, the medical foods "easily fall within the terms of heading 3004 as 'medicaments ... for therapeutic uses'" (Nutricia North America v. United States, Fed. Cir. # 24-1436).
International trade lawyer Mary Mikhaeel will leave Miller & Chevalier, where she has worked as a senior associate since January 2023, according to a notice at the Court of International Trade. The firm said Mikaheel will leave the firm effective Sept. 23. Mikhaeel told Trade Law Daily she will be joining Covington's business and human rights practice group. She has been at Miller & Chevalier since 2020, when she joined as an associate, moving from Fox Rothschild.
World Trade Organization members on Sept. 17 discussed various proposals on the e-commerce work program at the program's first meeting since the 13th Ministerial Conference, the WTO said. Proposals from the least-developed countries (LDC) group, the African, Caribbean and Pacific (ACP) countries group and Cambodia were discussed.
Three grape grower trade groups filed a complaint on Sept. 13 in the U.S. District Court for the District of Columbia, challenging the Agriculture Department's notice allowing table grapes from Chile to be imported under a "systems approach" as opposed to using the standard fumigation requirements (California Table Grape Commission v. United States Department of Agriculture, D.D.C. # 24-02645).