The Court of International Trade denied a motion by Midwest-CBK that asked the court to have two issues appealed to the U.S. Court of Appeals for the Federal Circuit, in a Sept. 7 order from Judge Jennifer Choe-Groves. The order said that the issues at hand did not meet the requirements for an interlocutory appeal because they involved questions of fact, not purely law (Midwest-CBK, LLC v. United States, CIT Consol. #17-00154).
The Commerce Department in a pair of remand results submitted to the Court of International Trade stuck by its position to exclude importers Worldwide Door Components' and Columbia Aluminum Products' door thresholds from the scope of the antidumping and countervailing duty orders on aluminum extrusions from China. After the trade court remanded the case for a second time, finding that the previous remand results were not submitted in a form the trade court could sustain, Commerce offered a further explanation for its decision to find that the thresholds fit under the finished merchandise exclusion to the orders (Worldwide Door Components v. U.S., CIT #19-00012) (Columbia Aluminum Products v. U.S., CIT #19-00013).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade in a Sept. 7 paperless order instructed the plaintiff, Environment One, in a case over a denied Section 301 exclusion request to file a supplemental brief over whether a recent U.S. Court of Appeals for the Federal Circuit decision is relevant to the current action (Environment One Corporation v. United States, CIT #22-00124).
The following lawsuits were recently filed at the Court of International Trade:
A Canadian softwood lumber producer cannot claim to be a successor-in-interest to another lumber company still in existence, the government argued in a Sept. 6 brief at the Court of International Trade (GreenFirst Forest Products, v. United States, CIT # 22-00097)
The Commerce Department properly stuck by its decision to issue questionnaires in lieu of on-site verification due to the COVID-19-related travel restrictions on remand at the Court of International, the agency argued in a Sept. 6 brief filed to the Court of International Trade. During the remand, Commerce took a new agency action by finding that the questionnaire responses constituted verification -- a move it says was not only legal but justified since the antidumping duty respondent, Shakti Forge Industries, gave an amount of information that typically exceeds that found in other investigations, and the information corroborated and verified information that Shakti previously submitted (Bonney Forge Corporation v. United States, CIT #20-03837).
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were filed at the Court of International Trade during the week of Aug. 19 - Sept. 4:
The U.S. Court of Appeals for the Federal Circuit in a Sept. 6 opinion said that the Court of International Trade was right to dismiss a suit from two importers seeking to retroactively apply Section 301 tariff exclusions, for lack of subject matter jurisdiction since a protest with CBP was not filed. The trade court held that it did not have jurisdiction under Section 1581(i), the court's "residual" jurisdiction, since the court would have had jurisdiction under Section 1581(a) had the importers, ARP Materials and Harrison Steel Castings, filed protests with CBP. The Federal Circuit agreed, holding that the true nature of the suit contests CBP's assessment of the duties and not the Office of the U.S. Trade Representative's exclusions, necessitating a protest.