The Commerce Department's decision to find that the South Korean government provided electricity below cost for certain tariff classes but still say that electricity provision conferred a non-measurable benefit is illegal, U.S. steel company Nucor Corporation said in a March 25 complaint at the Court of International Trade (Nucor Corporation v. United States, CIT #22-00070).
German exporter BGH Edestahl Siegen's claim that its higher costs preempt any countervailability findings don't comport with U.S. countervailing duty law, U.S. manufacturer Ellwood City Forge said in a March 22 brief at the Court of International Trade. Filing a motion for judgment, Ellwood said CVD statute and the Commerce Department's regulations don't dismiss subsidy programs that alleviate high costs that may be high due to government policies themselves (BGH Edestahl Siegen v. U.S., CIT #21-00080).
The Office of the U.S. Trade Representative sought confidential advice from “private-sector advisory committees,” believed to be under the Industry Trade Advisory Committee (ITAC) program managed jointly by USTR and the Commerce Department, before imposing the List 3 Section 301 tariffs on Chinese imports, Stephen Vaughn, the agency’s then-general counsel, wrote then-USTR Robert Lighthizer on Sept. 17, 2018. The document was one of about a dozen “decision memos” spanning 488 pages that DOJ filed March 24 in the Section 301 litigation docket (In Re Section 301 Cases, CIT #21-00052) at the Court of International Trade as an “appendix” to oral argument held Feb. 1 (see 2202010059).
The Office of the U.S. Trade Representative sought confidential advice from “private-sector advisory committees,” believed to be under the Industry Trade Advisory Committee (ITAC) program managed jointly by USTR and the Commerce Department, before imposing the List 3 Section 301 tariffs on Chinese imports, Stephen Vaughn, the agency’s then-general counsel, wrote USTR Robert Lighthizer Sept. 17, 2018. The document was one of about a dozen “decision memos” spanning 488 pages that DOJ filed Thursday in the Section 301 litigation docket (1:21-cv-52) at the U.S. Court of International Trade as an “appendix” to oral argument held there Feb. 1 (see 2202010053).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should not grant the Commerce Department's motion to extend the deadline to file remand results in an antidumping duty case, given the agency's mismanagement of the remand period, exporter SeAH Steel Corporation said in a March 24 brief. If the court does grant Commerce's motion, however, the time should only be extended for two business days plus one business hour -- the same time Commerce gave SeAH to file comments on the agency's remand. SeAH dubbed Commerce's conduct "egregious" and an expression of its "failure to consult in good faith" over the remand schedule (Stupp Corporation, et al. v. United States, CIT #15-00334).
The U.S. Court of Appeals for the Federal Circuit denied antidumping duty petitioner Welspun Tubular's request for a stay of its mandate during the company's appeal to the Supreme Court. In a March 23 order, Judges William Bryson and Todd Hughes rebuffed both of Welspun's arguments, which claimed that the company would suffer irreparable harm without a stay and that there's a reasonable shot the Supreme Court will reverse the appellate court's judgment (Hyundai Steel Company v. United States, Fed. Cir. #21-1748).
The following lawsuits were recently filed at the Court of International Trade:
DOJ is again arguing that it can file counterclaims in Court of International Trade classification cases -- even after more than four years into a case. Days after defending its counterclaim in another denied protest case involving importer Cyber Power (see 2203180042), DOJ is now arguing that delays by another importer in a separate case, Second Nature, allow it to bring a counterclaim despite the time elapsed (Second Nature Designs Ltd. v. United States, CIT #17-00271).
The following lawsuits were recently filed at the Court of International Trade: