The following lawsuits were recently filed at the Court of International Trade:
No good cause exists for the Court of International Trade to grant the Commerce Department another 30 days to file its remand results in an antidumping duty case on wind towers from Spain, exporter Siemens Gamesa Renewable Energy said in a reply brief. Commerce filed its motion to extend one day before the parties' comments on the draft remand results were due, claiming that more time is needed for parties to comment and for the agency to analyze the comments (Siemens Gamesa Renewable Energy v. United States, CIT # 21-00449).
Importer Files Supreme Court Appeal on CAFC Opinion Requiring Protest Within 180 Days of Liquidation
Importer Acquisition 362, d/b/a Strategic Import Supply (SIS), filed a petition for writ of certiorari at the U.S. Supreme Court of a U.S. Court of Appeals for the Federal Circuit opinion requiring protests to be filed within 180 days of liquidation and not the date the Commerce Department issues antidumping and countervailing duty instructions to CBP. SIS said that by establishing this requirement, the appellate court eliminated one statutory mechanism under which importers can file protests and encourages "premature, incomplete, sham protest filings" (Acquisition 362 v. U.S., U.S. # 22-1102).
The Court of International Trade ruled that exporter Eregli Demir ve Celik Fabrikalari (Erdemir) failed to show that the court should revisit its past order allowing four U.S. steel companies to intervene in a case on the International Trade Commission's injury determination related to imports of hot-rolled steel from Turkey. Judge Timothy Reif said the four companies champion claims that share a common question of law or fact with the case's main action, would be adversely affected if the court were to rule in Erdemir's favor and would not unduly delay the adjudication of the original parties' rights.
The following lawsuits were recently filed at the Court of International Trade:
Plaintiffs in the massive Section 301 litigation officially filed on May 12 their notice of appeal of the Court of International Trade's decision upholding President Donald Trump's tariff action on China. The case was filed in the U.S. Court of Appeals for the Federal Circuit. CIT had agreed that the Office of the U.S. Trade Representative complied with Administrative Procedure Act requirements when it set lists 3 and 4A Section 301 tariffs (see 2303170063) (In Re Section 301 Cases, CIT # 21-00052).
The Court of International Trade canceled an oral argument that had been set for June 6 in an antidumping duty case that revolves around the Commerce Department's decision not to treat Indonesia as being at the same level of economic development as Vietnam during the surrogate country selection process in an AD administrative review on frozen fish fillets from Vietnam. The Catfish Farmers of America also argued against a byproduct offset granted for respondent NTSF Seafoods Joint Stock Co. Judge M. Miller Baker instead ordered the parties to file supplemental briefs addressing the evidence cited in the briefing related to the byproduct offset issue. Baker said "the meaning and significance of that evidence is unclear to the court." The briefs may not exceed 2,500 words and must be filed within 21 days (Catfish Farmers of America v. U.S., CIT # 20-00105).
No lawsuits were recently filed at the Court of International Trade.
The following lawsuit was recently filed at the Court of International Trade:
Importer Farrier Product Distribution settled its case originally challenging Section 232 steel and aluminum duties on "derivative" products, securing refunds of the duties, the company told the Court of International Trade in a motion to voluntarily dismiss its case. Farrier said the parties sought to "resolve the legal controversy that gave rise to this matter," adding that the U.S. and the importer have been "successful in that effort" (Farrier Product Distribution v. United States, CIT # 20-00098).