The following lawsuit was recently filed at the Court of International Trade:
The statute of limitations has not run out on a customs fraud case since the Court of International Trade has consistently found that the date of entry of merchandise is the date when the statute of limitations begins to run, the government told the trade court in a Jan. 17 reply brief. Responding to a motion to dismiss the penalty case from Zhe "John" Liu and his company GL Paper Distribution, the U.S. said that Liu's claim that the allegations are "legally insufficient" lacks merit since the complaint explains how the defendant carried out a multiyear fraud scheme via GL Paper in a way that is "plausible on its face" (United States v. Zhe "John" Liu, CIT # 22-00215).
A Jan. 18 U.S. Court of Appeals for the Federal Circuit antidumping duty decision concerning the Commerce Department's rejection of untimely filed submissions has surfaced in another AD case at the Court of International Trade. In a notice of supplemental authority the same day, petitioner Mid Continent Steel & Wire said the Trinity Manufacturing v. U.S. ruling is relevant for the present action (Oman Fasteners v. U.S., CIT # 22-00348). In Trinity, the Federal Circuit found Commerce didn't abuse its discretion in rejecting a late submission that led to the revocation of an AD order (see 2301180025).
The Court of International Trade illegally applied a lower standard for its "substantially dependent" test when finding that certain subsidies apply to Spanish olive growers, improperly using a post-codification administrative decision to apply the lower standard, some Spanish olive growers argued. Filing their opening brief at the U.S. Court of Appeals for the Federal Circuit Jan. 17, the plaintiff-appellants said allowing Commerce to gauge its decisions against its own later rulings and not the unambiguous statute "would frustrate the core tenets of U.S. administrative law and allow Commerce to amend legislation through its own administrative process" (Asociacion de Exportadores e Industriales de Aceitunas de Mesa v. U.S., Fed. Cir. # 23-1162).
The following lawsuit was recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit in a Jan. 18 order upheld the Court of International Trade's ruling concerning an untimely filing in an antidumping duty sunset review that led to an AD order's revocation. The trade court said the Commerce Department did not abuse its discretion when enforcing the filing deadline. The appellate court affirmed without an opinion.
The Court of International Trade in a Jan. 18 opinion sent back an antidumping review over the Commerce Department's decision to reject AD petitioner Nucor Tubular's ministerial error comments as untimely. Judge Jennifer Choe-Groves said the exception to the requirement that comments be timely filed applies in this case since Commerce's "unintentional errors became apparent only in the Final Results" of the AD review. Since Nucor should have been allowed to submit its comments on the ministerial error, the court remanded the review to consider the error "and respond accordingly," the judge said.
The Commerce Department erred when it treated Section 232 steel and aluminum duties as ordinary customs duties and deducted them from antidumping duty respondent Borusan's export price and constructed export price, the respondent argued in a Jan. 17 complaint at the Court of International Trade (Borusan Mannesmann Boru Sanayi ve Ticaret v. U.S., CIT #23-00005).
The Court of International Trade in a Jan. 16 paperless order denied a U.S. motion to exclude live testimony from plaintiff Oman Fasteners' CEO, Seve Karaga, in an antidumping duty case. The court said that Oman Fasteners can call Karaga to testify at the Jan. 23 hearing over the plaintiff's motion for a preliminary injunction, though the testimony "shall be confined to the facts set forth in his declaration attached to Plaintiffs motion" (Oman Fasteners v. United States, CIT # 22-00348).
The Court of International Trade should have allowed a company that filed an attorney conflict-of-interest suit involving an International Trade Commission AD/CVD injury proceeding to amend its allegations to comply with the court's opinion, rather than dismissing the case outright with leave to file under a different jurisdictional provision, said the company, Amstead Rail Co., in an opening brief filed Jan. 13 at the U.S. Court of Appeals for the Federal Circuit (Amsted Rail Company v. United States, Fed. Cir. # 23-1355).