Plaintiff-appellants in a case challenging the termination of an antidumping duty suspension agreement filed a motion for a panel or full court rehearing at the U.S. Court of Appeals for the Federal Circuit after the court found that the appellants made no plausible challenge to the termination. Appellants Bioparques de Occidente, Agricola La Primavera and Kaliroy said the court's decision was made "despite the absence of any briefing or arguments on the matter in this appeal," raising serious fairness and due process concerns (Bioparques de Occidente v. U.S., Fed. Cir. #20-2265).
Industrial diamonds from China further processed into superabbrasives in Romania should not be subject to additional Section 301 tariffs as products of China, Lieber & Solow, which does business as Lands Superabrasives, said in a complaint filed May 27 at the Court of International Trade. The companies argue that the industrial diamond crystals from China became objects of a different character, identity and use after processing in Romania and should be Romanian products for tariff purposes. Lands asked the court to find Romania as the correct country of origin and order CBP to reliquidate the merchandise with refunds of excess duties and interest (Lieber & Solow Ltd. d/b/a Lands Superabrasives, Co. v. United States, CIT # 21-00623).
The following lawsuits were filed at the Court of International Trade during the weeks of May 16-22 and 23-29:
The government is opposing the consolidation or test case designation of four cases involving hardwood plywood imported by Richmond International Forest Products (RIFP) at the Court of International Trade. In a motion filed May 27, the government said RIFP has already proved its products are not of Chinese origin in the case RIFP designated as a test case, but that the court would still need to consider the three other cases on an entry-specific basis (Richmond International Forest Products Inc. v. United States, CIT # 21-00063, 21-00178, 21-00318, 21-00319).
The Commerce Department again defended the use of the Cohen's d test as part of its differential pricing analysis to detect "masked" dumping in remand results filed on May 26 at the Court of International Trade. Responding to the court's order instructing the agency to address questions on the use of the test raised by the U.S. Court of Appeals for the Federal Circuit, Commerce said that the appellate court's chief concern -- that the test as used by Commerce did not satisfy certain statistical criteria -- is not applicable in the present case (Marmen Inc. v. United States, CIT #20-00169).
The Commerce Department failed to properly consider the "extremely disproportionate and prejudicial result" that stemmed from its decision to reject an untimely filing in an antidumping sunset review that led to the revocation of the order, three U.S. chemical companies argued in a May 31 reply brief at the U.S. Court of Appeals for the Federal Circuit. Commerce's "exceedingly narrow view" of what qualifies as an "extraordinary circumstance" isn't supported by the statute, evidence or the agency's own prior practice, given that Commerce said the U.S. companies' counsel's medical issues didn't qualify as such a circumstance, the brief said (Trinity Manufacturing v. United States, Fed. Cir. #22-1329).
A group of lawmakers is calling the outcry around the anticircumvention case on solar panels made in Southeast Asia "an attempt to undermine the integrity of our trade enforcement laws and the independence of our federal workforce."
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade sustained the Commerce Department's remand results in an antidumping case and a countervailing duty case both brought by exporter Celik Halat after the agency accepted submissions made just minutes late. Judge Timothy Stanceu upheld the agency's remand findings after Commerce accepted the submissions it initially rejected for being late -- a move dubbed a "draconian penalty" by Stanceu.
A group of lawmakers is calling the outcry around the anticircumvention case on solar panels made in Southeast Asia "an attempt to undermine the integrity of our trade enforcement laws and the independence of our federal workforce."