The Court of International Trade in a May 20 opinion denied the right to intervene in a countervailing duty case for the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations. Judge Jennifer Choe-Groves ruled that the coalition does not have a right to intervene in the action since it has not shown it has a "direct, immediate, or legally protectable interest in this case" or that the U.S. will not adequately represent its interests. The judge also said that it will not let the coalition intervene since it fails to show that it shares a defense to plaintiff GreenFirst's claims since it doesn't sufficiently allege that it will be adversely affected by a decision in the case. GreenFirst filed the case to contest the Commerce Department's decision to not start a changed circumstances review of the CVD order on softwood lumber from Canada.
The Court of International Trade dismissed two cases brought by steel importer Voestalpine USA and steel purchaser Bilstein Cold Rolled Steel seeking to retroactively apply a Section 232 steel and aluminum tariff exclusion that was originally issued with a clerical error. Judge Mark Barnett said that the plaintiffs did not seek any relief that the court could grant since the entries eligible for the exclusion had already been liquidated, and the court does not have the power to order their reliquidation.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade dismissed two cases brought by steel importer Voestalpine USA and steel purchaser Bilstein Cold Rolled Steel seeking to retroactively apply a Section 232 steel and aluminum tariff exclusion that was originally issued with a clerical error. Judge Mark Barnett said that the plaintiffs did not seek any relief that the court could grant since the entries eligible for the exclusion had already been liquidated, and the court does not have the power to order their reliquidation.
South Korean exporter Husteel Co. challenged the Commerce Department's decision to use one antidumping duty mandatory respondent's third-country sales to calculate another mandatory respondent's constructed value profit, selling expenses and constructed export price profit. Filing its complaint on May 16 at the Court of International Trade, Husteel, a non-examined company in the relevant AD review, also argued that Commerce violated the law in its application of neutral facts available over the calculation of one of the respondent's U.S. affiliate's yield loss on further manufacturing operations (Husteel Co., Ltd. v. United States, CIT #22-00143).
The Court of International Trade in a May 17 order granted a stay requested by the plaintiffs in an antidumping duty scope dispute, led by Chinese exporter Zhejiang Yuhua Timber Co. but contested by the U.S. As such, consideration of the U.S.'s motion to dimsiss and all other proceedings will be stayed until 21 days after the Commerce Department issues its final decision in the changed circumstances review over the AD investigation on multilayered wood flooring from China, the court said (Zhejiang Yuhua Timber Co. v. United States, CIT #21-00502).
State telecom industry groups seek to stop LTD Broadband from receiving promised Rural Digital Opportunity Fund (RDOF) funding in Minnesota and South Dakota. The efforts to deny eligible telecom carrier (ETC) status to the company are the latest in a growing number of state hurdles LTD faces as it tries to secure funding it preliminarily won from FCC auction. Some said the situation shows state ETC designation review’s value, but former Commissioner Mike O’Rielly said the process isn’t working.
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The following lawsuits were filed at the Court of International Trade during the week of May 9-15:
The following lawsuits were recently filed at the Court of International Trade: