Argentina launched a World Trade Organization dispute over U.S. antidumping measures on Argentinian oil country tubular goods.
The Commerce Department illegally relied on raw honey acquisition costs as a proxy to calculate costs of production in the antidumping duty investigation into raw honey from India, despite those respondents withholding information and impeding the investigation, the American Honey Producers Association and the Sioux Honey Association argued in a May 23 brief at the Court of International Trade (American Honey Producers Association v. U.S., CIT # 22-00195).
The U.S. Court of Appeals for the Federal Circuit again rejected the Coalition of Freight Coupler Producers' bid to redact 180 unique words in its reply brief in an attorney conflict-of-interest suit. Judge Alan Prost said most of the information the coalition is seeking to redact was made publicly available in the Court of International Trade proceeding, and said information relating to the terms of an engagement agreement the coalition sought to redact was "disclosed without objection" in importer Amsted Rail's opening and reply briefs (Amsted Rail Co. v. U.S., Fed. Cir. # 23-1355).
The following lawsuits were recently filed at the Court of International Trade:
ITC Failed to Consider 'Unprecedented' Conditions When Considering OCTG Imports, Manufacturers Argue
The International Trade Commission didn't properly consider the "unprecedented conditions" of competition during the period of review in its investigation on oil country tubular goods (OCTG) from Argentina and Mexico, which led to "erroneous volume, price, and impact determinations, Tenaris Bay City and consolidated plaintiffs from two other cases said in a May 22 motion for judgment at the Court of International Trade (Tenaris Bay City, Inc. v. U.S., CIT # 22-00344).
Antidumping duty petitioner Mid Continent Steel & Wire does not have standing to appeal a Court of International Trade decision barring the government from collected AD cash deposits from exporter Oman Fasteners at the "punitive" 154.33% dumping rate, Oman Fasteners argued in a reply brief at the U.S. Court of Appeals for the Federal Circuit. Mid Continent is not subject to the injunction and cannot establish legally protected interest in the injunction, "which merely keeps Oman Fasteners in business until a final rate can be determined," the brief said (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
The Ocean Shipping Reform Implementation Act, a follow-up bill to OSRA from original co-sponsors Rep. Dusty Johnson, R-S.D., and Rep. John Garamendi, D-Calif., passed 58-1 out of the House Transportation Committee May 23.
No lawsuits were recently filed at the Court of International Trade.
Canadian Exporter Revives Dismissed Complaint Against Commerce's Cash Deposit Instructions on Appeal
The Court of International Trade should not have dismissed a case involving Commerce's cash deposit instructions to CBP after the 2019 administrative review of the antidumping duty order on softwood lumber products from Canada for lack of jurisdiction, J.D. Irving said in its May 22 brief at the U.S. Court of Appeals for the Federal Circuit (J.D. Irving Ltd. v. U.S., Fed. Cir. # 2023-1652).
Any plaintiff in the massive Section 301 litigation looking to dismiss their case must comply with the court's rules to file a stipulation of dismissal signed by all parties who have appeared in the case, the Court of International Trade said in a text-only order. The court clarified that this rule, USCIT Rule 41(a)(1)(A)(ii), applies in the present action since the U.S. filed a Master Answer in the overarching test case, meaning the answer is considered to be filed in each Section 301 case "now pending or hereafter filed" in the court. Certain companies have begun dismissing their challenges to the China tariffs following the trade court's ruling that the Office of the U.S. Trade Representative did not violate the law when implementing them (see 2303170063) (In Re Section 301 Cases, CIT # 21-00052).