The Commerce Department's finding that two EU agriculture subsidies -- the Basic Payment Scheme and sustainable land use (Greening) payments -- are de jure specific is illegal and defies a key past court ruling, exporters Agro Sevilla Aceitunas and Angel Camacho Alimentacion said in an April 6 complaint at the Court of International Trade. Building off a case currently at the trade court in which the court held that these subsidies are not de jure specific, Agro Sevilla and Camacho also challenged Commerce's definitions of "prior stage product" and "latter stage product," among other things (Agro Sevilla Aceitunas S. Coop. v. United States, CIT #22-00106).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should dismiss Canadian exporter J.D. Irving's challenge to antidumping duty cash deposit instructions filed under the court's "residual" jurisdiction since it is not a novel issue and claims can be pursued under Section 1581(c), the antidumping jurisdiction, DOJ said in an April 4 brief (J.D. Irving, Ltd. v. United States, CIT #21-00641).
The Court of International Trade remanded parts of the 2018 countervailing duty review on utility scale wind towers from Vietnam in a March 24 opinion made public April 4. Judge Timothy Reif sent the case back to the Commerce Department for it to address evidence submitted by the CVD petitioner Wind Tower Trade Coalition over alleged manipulation of the denominators used in the benefit calculation and to substantiate its conclusion that respondent CS Wind Vietnam didn't import its steel plate, thereby neglecting an import duty exemption subsidy.
A recent Court of International Trade decision says domestic industry can’t use the interested party petition process to challenge individual entries, and are instead limited to challenges of how CBP treats the category of merchandise as a whole, customs lawyer Larry Richardson of Barnes Richardson said in a blog post April 4.
The following lawsuits were filed at the Court of International Trade during the week of March 28 - April 3:
The Court of International Trade should not stay proceedings in an anti-circumvention inquiry challenge because, contrary to the U.S.'s contention, a case currently on appeal will not "dictate" the outcome of the case, plaintiffs HLDS (B) Steel and HLD Clark Steel Pipe Co. said in an April 4 reply brief. Unique elements of the case brought by the plaintiffs undercut DOJ's claim that the unrelated appeal will resolve the matter at hand, the brief said (HLDS (B) Steel SDN BHD v. United States, CIT #21-00638).
Friday’s unanimous three-judge opinion at the U.S. Court of International Trade remanding the Lists 3 and 4A Section 301 tariffs to the Office of the U.S. Trade Representative for correcting deficiencies in the agency’s Administrative Procedure Act compliance (see 2204010059) extends the current litigation at least until mid-summer. The opinion, written by Chief Judge Mark Barnett and coming two months to the day after Feb. 1 oral argument (see 2202010053), gives USTR 90 days, to June 30, to respond to the remand order, and orders the plaintiffs and the government to convene on a joint status report, including a proposed schedule on “the further disposition of this litigation,” for submission 14 days after USTR files its remand results.
The unanimous three-judge opinion at the U.S. Court of International Trade remanding the lists 3 and 4A Section 301 tariffs to the Office of the U.S. Trade Representative on April 1 for correcting deficiencies in the agency’s Administrative Procedure Act compliance extends the current litigation at least until mid-summer. The opinion, written by Chief Judge Mark Barnett and coming two months to the day after Feb. 1 oral argument was held (see 2202010059), gives USTR 90 days, to June 30, to respond to the remand order, and orders the plaintiffs and the government to submit a joint status report 14 days after that, including a proposed schedule on “the further disposition of this litigation.”
The following lawsuits were recently filed at the Court of International Trade: