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 Nov. 22-28:
Surety company American Home Assurance Company wants a stay in its case, brought by the U.S., in which the government is seeking to collect antidumping duties on entries of canned mushrooms from China brought in between 2000 and 2001, according to its Nov. 26 motion at the Court of International Trade. Filed without consent from the Department of Justice, AHAC wants all proceedings halted in the lawsuit until the court renders a judgment in a similar case, United States v. Aegis Security Insurance Company, currently pending before Judge Stephen Vaden (United States v. American Home Assurance Company, CIT #20-00175).
The Commerce Department erred by including both research and development expenses for non-subject goods and "compensation for payment" expenses for non-subject merchandise in the general and administrative (G&A) expense calculation during an antidumping duty review, exporter Nagase and Co. said in a Nov. 24 complaint. Filing its case at the Court of International Trade, Nagase also pushed back against the Commerce Department's calculation of the assessment rate (Nagase & Co., Ltd. v. United States, CIT #21-00574).
Since a steel importer's and purchaser's bid to reliquidate two entries subject to Section 232 steel and aluminum tariffs is virtually identical to its already dismissed action seeking the same thing, it should be dismissed, the Department of Justice argued in a Nov. 24 brief at the Court of International Trade. The new case, brought by the importer, Voestalpine USA, and the purchaser, Bilstein Cold Rolled Steel, which challenges the Commerce Department's Section 232 exclusion, is "legally indistinguishable" from its prior case, and, as such, is moot, the U.S. said (Voestalpine USA Corp., et al. v. United States, CIT #21-00290).
The following lawsuits were recently filed at the Court of International Trade:
Three defendant-appellants of an antidumping case -- Atlas Tube, Searing Industries and Nucor Tubular Products -- filed a reply brief at the U.S. Court of Appeals for the Federal Circuit on Nov. 22 to defend the Commerce Department's particular market situation adjustment in the sales-below-cost test when calculating normal value (Dong-A Steel Company, et al. v. United States, Fed. Cir. #21-2153).
The Department of Justice removed Stephen Tosini as its principal counsel in a case at the U.S. Court of Appeals for the Federal Circuit involving Section 232 duties and replaced him with Meen Geu Oh, according to a Nov. 22 motion for leave to file an amended entry of appearance. The motion was then approved the following day by the court. DOJ said that Tosini "has just commenced a detail with another component within the Justice Department," and thus could not continue to serve as lead counsel in the case (PrimeSource Building Products, Inc. v. U.S., Fed. Cir. , #21-2066).
The Court of International Trade committed a logical error when it dismissed a steel importer's and purchaser's bid to reliquidate two entries subject to Section 232 steel and aluminum tariffs, the importer and purchaser said in a brief attempting to keep their case alive. Bilstein Cold Rolled Steel, the purchaser, and Voestalpine USA, the importer, moved for a reconsideration of CIT's decision, which held that the plaintiffs had already received the relief available to them from the Commerce Department in the form of a product exclusion but failed to preserve their ability to receive a refund through a protest or an extension of liquidation (Voestalpine USA Corp., et al. v. United States, CIT Consol. #20-03829).
The following lawsuits were recently filed at the Court of International Trade: