A good faith disagreement over the scope of antidumping duty and countervailing duty orders cannot be construed as a "material and false statement," needed to find evasion under the Enforce and Protect Act, importers Ikadan System USA and Weihai Gaosai Metal Product Co. argued in an April 26 brief at the Court of International Trade. As such, CBP's evasion finding is illegal, as it fails to make a proper finding of evasion, the brief said (Ikadan System USA v. United States, CIT #21-00592).
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were filed at the Court of International Trade during the week of April 18-24:
The Court of International Trade granted relief to the U.S. from its responsibility to file a reply brief and an administrative record in response to importer AA Metals' claims under Section 1581(i), the Court of International Trade's "residual" jurisdiction. Both sides agreed that jurisdiction under AA Metals' scope challenge fits under Section 1581(c). The U.S.'s April 25 consent motion asks to drop the Section 1581(i) claims (AA Metals v. U.S., CIT #21-00051).
The U.S.'s opposition to a rehearing motion from a Chinese aluminum extrusion exporter and its affiliates over their alternative arguments in a countervailing duty case falls flat, the company and its affiliates said in an April 25 reply brief at the Court of International Trade (Taizhou United Imp. & Exp. Co. v. United States, CIT Consol. #16-00009). DOJ argued against the rehearing bid, claiming that the alternative claims were waived since they were not brought up during remand. The plaintiff-intervenors, all associated with Jangho Group, replied that the court said it would address a separate issue first, then move to the alternate claims. The court's failure to do so warrants a rehearing, the brief said.
Trade attorney Ping Gong is leaving The Bristol Group. Gong filed notifications terminating her access to business proprietary information in a slew of cases at the Court of International Trade and Court of Appeals for the Federal Circuit. Gong held an of counsel position at The Bristol Group since 2015.
The following lawsuits were recently filed at the Court of International Trade:
While antidumping duty respondent Goodluck India Limited does not oppose DOJ's motion to partially dismiss its case, it wants the Court of International Trade to find jurisdiction for its case under Section 1581(i), the court's "residual" jurisdiction. Responding to the partial dismissal motion in an April 22 reply brief, Goodluck used the opportunity to also characterize the U.S. government's statement of facts as "inaccurate" (Goodluck India Limited v. United States, CIT #22-00024).
The Court of International Trade should not grant a stay in a consolidated antidumping matter pending resolution of a case at the U.S. Court of Appeals for the Federal Circuit since the impact of this case is "speculative at best," DOJ said in an April 21 reply brief. Further, the stay should be denied since the Federal Circuit case, Stupp Corp. v. United States, may only affect two legal issues in the case led by exporter Koehler Paper, leaving six issues unaffected, DOJ argued (Matra Americas v. United States, CIT Consol. #21-00632).
Producing a large volume of evidence does not establish the relevance or persuasiveness of such evidence, plaintiff Aluminum Extrusions Fair Trade Committee said in an April 19 brief blasting the Commerce Department's evidentiary record in an antidumping duty and countervailing duty exclusion case. Merely handing over a list of record information does not substitute for an explanation of how the evidence supports the exclusion finding, AEFTC said (Aluminum Extrusions Fair Trade Committee v. United States, CIT #21-00253).