Countervailing duty petitioners' opposition to exporter Tau-Ken Temri's (TKT's) bid to expand its word count for its reply brief at the U.S. Court of Appeals for the Federal Circuit falls flat, the exporter, along with the Kazakh Ministry of Trade and Integration, argued in a Nov. 6 brief to the appellate court. TKT said that it needs the extra words to respond to briefs from both the U.S. and petitioners Globe Specialty Metals and Mississippi Silicon because, contrary to Globe's suggestion, the briefs don't make identical arguments (Tau-Ken Temir v. U.S., Fed. Cir. # 22-2204).
The Commerce Department's cross-owned input supplier analysis in a case on the 2018 countervailing duty review of steel concrete reinforcing bar from Turkey "has a direct and precedential bearing" on the Court of International Trade's decision in the case on the 2020 review of the same order, exporter Kaptan Demir Celik Endustrisi ve Ticaret told the trade court (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 22-00149).
The Court of International Trade on Nov. 7 dismissed an antidumping duty case from lumber importer West Fraser Mills for failure to file a complaint by the time limits set in court rules. West Fraser was challenging the Commerce Department's 2021 review of the antidumping duty order on softwood lumber products from Canada (West Fraser Mills v. U.S., CIT # 23-00209).
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade granted importer Time After Time Manufacturing's motion to dismiss its own customs case concerning its entries of plant carts. The importer filed the case in September, arguing that its plant carts of Harmonized Tariff Schedule subheading 9403.20.0050, free of duty, and secondary subheading 9903.88.03, subject to 25% Section 301 duties, qualify for subheadings 9817.00.5000 and 9403.20.0050, both free of duty (Time After Time Manufacturing v. U.S., CIT # 23-00203).
Antidumping duty respondent Assan Aluminyum Sanayi ve Ticaret filed a second notice of supplemental authorities in its AD case at the Court of International Trade to point to a separate AD review involving a duty drawback adjustment and Commerce's requirement that only closed inward processing certificates be included in the numerator of Commerce's per unit calculation (Assan Aluminyum Sanayi ve Ticaret v. U.S., CIT Consol. # 21-00616).
Counsel for importer Larson-Juhl US will proceed with the company's customs case alongside two cases from the relevant exporter, China Cornici Co., which is also represented by the same counsel. Submitting a joint status report to the Court of International Trade, Clark Hill attorneys said that they made the decision to allow the three cases to "proceed independently" instead of staying one of them following a meeting with the court in which Judge Stephen Vaden "asked the parties to reconsider the request to continue the stay and to discuss the order in which the three cases should proceed" (Larson-Juhl US v. United States, CIT # 23-00032).
The Commerce Department failed to adjust the export price for Chinese exporter Trina Solar and continued to use the "unreliable" price of Romanian glass over Trina's objections, the exporter argued in a Nov. 6 complaint to the Court of International Trade (Trina Solar v. U.S., CIT # 23-00213).
The Commerce Department continued to find that India was the appropriate primary surrogate country in its 16th administrative review of the antidumping duty order on certain frozen fish fillets from Vietnam, it said in remand results filed Nov. 6 at the Court of International Trade (Catfish Farmers of America v. U.S., CIT # 21-00380)
CBP abused its discretion by ignoring explicit antidumping and countervailing duty scope language when it found that importer and AD/CVD petitioner Pitts Enterprises evaded the AD/CVD orders on chassis and subassemblies thereof from China, Pitts argued in a Nov. 6 complaint at the Court of International Trade. The importer admitted to integrating Chinese axle and landing gear leg components into finished chassis shipments, which were finished in Vietnam, but it said individual Chinese components were "explicitly removed from the scope" (Pitts Enterprises v. U.S., CIT # 23-00234).