The Court of International Trade should not again remand an antidumping duty investigation on forged steel fluid end blocks from Germany because respondent Ellwood City Forge failed to exhaust its administrative remedies regarding the margin program before it filed suit at CIT, intervenor Edelstahl Siegen said in its May 15 remand comments (Ellwood City Forge v. U.S., CIT # 21-00077).
The Court of International Trade granted the Commerce Department's voluntary request for remand for 120 days to review information submitted by antidumping duty respondent Officine Tecnosider on the agency's use of a quarterly cost methodology. Commerce asked for the remand since it said it couldn't find its analysis of the quarterly average prices of steel slab when prepping its reply brief to Officine Tecnosider in a case on the administrative review of the AD order on carbon and alloy steel cut-to-length plate from Italy for 2020-21 (see 2305080066) (Officine Tecnosider v. United States, CIT # 23-00001).
The following lawsuits were filed at the Court of International Trade during the week of May 8-14:
Plaintiffs EDN Global and its CEO, Jerome Edmondson, are seeking a “do-over,” trying to “plead around” a contract at the heart of a fraud claim against AT&T Global Services, said the defendant in a Friday memorandum (docket 3:23-cv-00355) in support of its amended motion to dismiss in U.S. District Court for Northern Texas in Dallas.
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The following lawsuits were recently filed at the Court of International Trade:
No good cause exists for the Court of International Trade to grant the Commerce Department another 30 days to file its remand results in an antidumping duty case on wind towers from Spain, exporter Siemens Gamesa Renewable Energy said in a reply brief. Commerce filed its motion to extend one day before the parties' comments on the draft remand results were due, claiming that more time is needed for parties to comment and for the agency to analyze the comments (Siemens Gamesa Renewable Energy v. United States, CIT # 21-00449).
Importer Files Supreme Court Appeal on CAFC Opinion Requiring Protest Within 180 Days of Liquidation
Importer Acquisition 362, d/b/a Strategic Import Supply (SIS), filed a petition for writ of certiorari at the U.S. Supreme Court of a U.S. Court of Appeals for the Federal Circuit opinion requiring protests to be filed within 180 days of liquidation and not the date the Commerce Department issues antidumping and countervailing duty instructions to CBP. SIS said that by establishing this requirement, the appellate court eliminated one statutory mechanism under which importers can file protests and encourages "premature, incomplete, sham protest filings" (Acquisition 362 v. U.S., U.S. # 22-1102).
The Court of International Trade ruled that exporter Eregli Demir ve Celik Fabrikalari (Erdemir) failed to show that the court should revisit its past order allowing four U.S. steel companies to intervene in a case on the International Trade Commission's injury determination related to imports of hot-rolled steel from Turkey. Judge Timothy Reif said the four companies champion claims that share a common question of law or fact with the case's main action, would be adversely affected if the court were to rule in Erdemir's favor and would not unduly delay the adjudication of the original parties' rights.
The following lawsuits were recently filed at the Court of International Trade: