The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade stayed proceedings in a case brought by Allegheny Technologies Incorporated, challenging the denial of its request for an exclusion from Section 232 duties, in a July 12 order. In the joint motion requesting the stay, counsel for Allegheny said that the government defense reported to the plaintiffs that it was "engaged in internal discussions concerning disposition of this case." The government plans to wrap up the discussions and discuss the results with the plaintiffs in the following week, and said that any resulting status report or motion would be filed "as soon as practicable." Proceedings in the case are stayed until July 21 (Allegheny Technologies Incorporated et al. v. U.S., CIT #20-03923).
The U.S. Court of Appeals for the Federal Circuit upheld a Court of International Trade ruling dismissing an importer's challenge of CBP's assessment of antidumping and countervailing duties, for improper jurisdiction, in a July 14 opinion. The Federal Circuit found that TR International Trading Company, which filed its case under the trade court's Section 1581(i) "residual" jurisdiction provision, could have instead challenged a denied protest under 1581(a) or a scope ruling under 1581(c), rendering Section 1581(i) unavailable.
The Commerce Department will only partially apply adverse facts available for sales a diamond sawblade exporter made to its U.S. affiliate, which used a first-in-first-out methodology to keep track of its country of origin data when calculating the exporter's antidumping rate, it said in remand results filed by the agency July 13. The filing comes to the Court of International Trade after the U.S. Court of Appeals for the Federal Circuit left it up to the trade court to determine if a further remand was needed. The Federal Circuit held that a remand was appropriate for Commerce to determine if it could disregard the exporter's U.S. sales using the FIFO methodology (Diamond Sawblades Manufacturers' Coalition v. United States, CIT #17-00167).
The following lawsuits were filed at the Court of International Trade during the week of July 5-11
The U.S. Court of Appeals for the Federal Circuit upheld a Court of International Trade ruling dismissing an importer's challenge of CBP's assessment of antidumping and countervailing duties, for improper jurisdiction, in a July 14 opinion. The Federal Circuit found that TR International Trading Company, which filed its case under the trade court's Section 1581(i) "residual" jurisdiction provision, could have instead challenged a denied protest under 1581(a) or a scope ruling under 1581(c), rendering Section 1581(i) unavailable.
The U.S. Court of Appeals for the Federal Circuit upheld a Court of International Trade ruling dismissing an importer's challenge of CBP's assessment of antidumping and countervailing duties for improper jurisdiction, in a July 14 opinion. The Federal Circuit found that TR International Trading Co., which filed its case under the trade court's Section 1581(i) "residual" jurisdiction provision, could have instead challenged a denied protest under 1581(a) or a scope ruling under 1581(c), rendering Section 1581(i) unavailable. TRI had challenged CBP's finding that the company's citric acid imports from India were of Chinese origin and subject to AD/CV duties.
The Commerce Department filed its remand results in the Court of International Trade on July 12 in a case over the 2016-17 administrative review of the antdiumping duty order on oil country tubular goods from South Korea. The results mirror the redeterminations made in another case filed by the same company, SeAH Steel Co., in which Commerce dropped its finding of a particular market situation (see 2107010048). After the court said that there was not enough evidence to support the agency's finding that the Korean steel market was heavily subsidized and there was a global glut of key inputs for the oil tubes from China, Commerce no longer applied the PMS adjustment, but noted its disagreement with the court over how to weigh the evidence (SeAH Steel Co. v. United States, CIT #19-00086).
A group of surety associations should not be able to argue against when the six-year limitations period begins for a customs bond due to their role in "abetting the new shipper bond disaster," a group of domestic agricultural goods producers said in a July 8 amicus brief in the Court of International Trade. The brief was filed to oppose the surety associations' motion to intervene in the lawsuit (United States v. American Home Assurance Company, CIT #20-00175).
The following lawsuits were recently filed at the Court of International Trade: