Plaintiff Jerome Edmondson, CEO of EDN Global, attempted to avoid written contracts with AT&T when he tried to “plead around” them “by omitting a breach claim and instead asserting a host of tort claims,” said AT&T Tuesday in its memorandum in support (docket 3:23-cv-00355) of its motion to dismiss Edmondson and EDN's amended complaint for failure to state a claim.
The U.S. asked for more time to file its reply to importer PrimeSource's writ of certiorari at the U.S. Supreme Court in its case challenging President Donald Trump's expansion of Section 232 steel and aluminum duties onto "derivative" products. The government asked for another month, until Sept. 25, to complete its brief, explaining its response was delayed due to the "heavy press of earlier assigned cases to the attorneys handling this matter." The brief is due Aug. 24.
The Court of International Trade should toss a case from Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) challenging the International Trade Commission's decision not to reconsider its injury finding on hot-rolled steel from Turkey for lack of jurisdiction, four U.S. steel companies said. Filing a motion to dismiss at the trade court on July 31, Cleveland-Cliffs, Nucor Corp., Steel Dynamics and SSAB Enterprises argued that Section 1581(i), the court's "residual" jurisdiction, is not the proper jurisdiction for the case since Erdemir could have sought relief under Section 1581(c) (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00349).
The Committee on Foreign Investment in the U.S. continued to see an increase in notices last year and initiated the most investigations since 2017, CFIUS said in its annual report to Congress released this week. The committee received 286 notices during calendar year 2022, a slight increase from the 272 it received in 2021, and began 162 investigations into transactions, 32 more than in 2021 and close to double the amount from 2020.
The following lawsuit was recently filed at the Court of International Trade:
The following lawsuits were filed at the Court of International Trade during the week of July 24-30:
The Court of International Trade in a July 31 order granted a motion from antidumping duty petitioners led by ArcelorMittal Tubular Products seeking to file its response to the court's questions for oral argument out of time. Judge Gary Katzmann granted the request despite exporter Goodluck India's motion to clarify whether the company had to respond to the submission, seeing as the petitioners filed their response nearly an hour late without filing a request to file it out of time (Goodluck India v. United States, CIT # 22-00024).
The following lawsuit was recently filed at the Court of International Trade:
The Commerce Department's use of adverse facts available on countervailing duty respondent Risen Energy Co. for the Chinese government's failure to cooperate regarding the Export Buyer's Credit Program "fails to properly understand the Court precedent on this matter," Risen argued. Submitting a reply brief on July 26 at the Court of International Trade, the exporter said that while the U.S. "may be correct" that using AFA on a cooperative respondent due to the Chinese government's failure to cooperate may be legal, the court has cautioned Commerce "to mitigate the impact on the cooperating party" (Risen Energy Co. v. U.S. CIT # 22-00231).
The Commerce Department has “never specified the scope, content or format” of a certification that a company’s U.S. customers didn't benefit from China’s Export Buyer’s Credit Program, so the agency shouldn't have immediately applied adverse facts available to a Chinese exporter because its non-use certification didn’t fulfill its requirements, the exporter, Qingdao Ge Rui Da Rubber (GRT), said in a reply brief filed with the Court of International Trade July 21 (Qingdao Ge Rui Da Rubber Co. v. United States, CIT # 22-00229).