The following lawsuits were filed at the Court of International Trade during the weeks of Dec. 4-10, 11-17 and 18-24.
The U.S. Court of Appeals for the Federal Circuit in a text-only order on Dec. 22 gave plaintiffs in the massive Section 301 litigation more time to file their reply brief. The plaintiffs, led by HMTX Industries and Jasco Products, now have until Feb. 12 to file their reply after counsel for the companies said they needed more time due to their "significant additional client responsibilities and obligations that substantially interfere with their ability to file the reply brief by the current deadline" (HMTX Industries v. U.S., Fed. Cir. # 23-1891).
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The U.S. misread the statute governing deemed liquidation for drawback claims to create exception to the rule where none exists, importer Performance Additives argued Dec. 26 (Performance Additives v. United States, CIT # 22-00044).
Plaintiffs in the massive ongoing Section 301 litigation "ignore" the president's role in imposing the China tariffs, the U.S. said last week, arguing that the thousands of companies leading the case would have the court impose an improper standard of review (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The government's claim that a group of Canadian softwood lumber exporters shouldn't be able to intervene in an antidumping duty case is based on "an unreasonably narrow, absurd, and constitutionally problematic reading of" the statute on parties entitled to participate in civil actions, the exporters argued (Government of Canada v. United States, CIT Consol. # 23-00187).
The U.S. Court of Appeals for the Federal Circuit in a Dec. 18 text-only order granted the government's request for 60 more days to file their opening brief in a case on whether the statute of limitations had passed on an action seeking to collect on a customs bond from surety firm American Home Assurance Co. (United States v. American Home Assurance Co., Fed. Cir. # 24-1069).
The Court of International Trade on Dec. 19 denied a motion seeking to dissolve an existing injunction against liquidation and another seeking to impose a new one in a case involving the antidumping duty rates for several Indian quartz countertop exporters.
The Court of International Trade ruled Dec. 18 that Commerce could use one antidumping duty review mandatory respondent’s third-country sales to calculate another’s AD when no better information was available. The opinion comes at the end of a long CIT case challenging the Commerce Department’s 2020 administrative review of the AD order on certain oil county tubular goods (OCTG) from Korea, filed by plaintiff Hyundai Steel in May 2022 (see 2205100033).
Wireless technology companies, satellite operators and a host of broadcast industry entities pitching ATSC 3.0-based methods responded to the FCC Public Safety Bureau’s call for partners to test ways to deliver wireless emergency alerts without using cell towers, according to comments filed in docket 22-160 by Monday’s deadline. “In some cases, mobile networks can be disrupted by the very emergency to which a WEA pertains,” said NAB. “A successful partnership with the Bureau could further bolster the case for ATSC 3.0 abroad” and encourage manufacturers to include 3.0 chips in their phones, said Sinclair’s ATSC 3.0 subsidiary One Media. Qualcomm, Skylo Technologies, PBS, 5G broadcast company XGen and others suggested their own solutions.