The Court of International Trade should grant the government's motion to reconsider its decision to send back the Commerce Department's use of a transaction-specific margin for an adverse facts available rate it assigned to an antidumping duty respondent, the American Manufacturers of Multilayered Wood Flooring (AMMWF) argued in a Feb. 27 response (Fusong Jinlong Wooden Group v. United States, CIT Consol. # 19-00144).
The Court of International Trade in a Feb. 27 decision denied importer Crown Cork & Seal USA's bid to dismiss fraud and gross negligence claims in a customs penalty case. Judge M. Miller Baker ruled that, contrary to Crown Cork's characterization, the fraud claim is sufficiently specific and both claims clear the notice requirements of Rule 8 as set in the Bell Atlantic v. Twombly and Ashcroft v. Iqbal cases.
The Court of International Trade rejected the Commerce Department's imposition of a total adverse facts available rate of 154.33% on antidumping duty respondent Oman Fasteners as the result of one 16-minutes-late submission, in a Feb. 15 opinion made public Feb. 27. Judge M. Miller Baker said the lawsuit was "not a close case," blasting Commerce's inadequate explanation for why one late submission due to a filing difficulty was enough to conclude that Oman Fasteners failed to cooperate to the best of its ability or why the company deserved the punitive rate.
The following lawsuit was recently filed at the Court of International Trade:
The Commerce, State and Justice departments fined an American 3D printing company more than $25 million combined after it committed a range of export violations, including illegal shipments of aerospace technology and metal alloy powder to China and controlled design documents to Germany.
The following lawsuit was recently filed at the Court of International Trade:
The Commerce Department stood by its usage of financial statements in an antidumping duty review on mattresses from Vietnam in remand results filed with the Court of International Trade Feb. 23. Following a remand by Judge Timothy Reif, Commerce continued to determine that the financial data it used was complete and publicly available and continued to use that information to derive surrogate financial ratios, leaving the AD rate for plaintiff Ashley Furniture at 144.92% (Ashley Furniture Industries, et al. v. U.S., CIT # 21-00283).
The Court of International Trade doesn't have jurisdiction to hear plaintiff-appellant Amsted Rail Co.'s attorney conflict of interest case because it should have instead been filed as a challenge to the antidumping and countervailing duty investigations, and in any case ARC doesn't prove a conflict of interest existed from the participation of its former counsel in the investigations, the ITC and defendant-intervenor Coalition of Freight Rail Producers argued in a pair of reply briefs filed Feb. 22 at the U.S. Court of Appeals for the Federal Circuit (Amsted Rail Co. v. U.S., Fed. Cir. # 23-1355).
Amid a “full spectrum of views” on antitrust enforcement, “we all seem to agree that competition is the goal,” Doha Mekki, principal deputy assistant attorney general in DOJ's Antitrust Division, told a New York University Law School conference Friday on antitrust and big tech in the 21st century.
Antidumping duty respondent Grupo Simec failed to prove that it would suffer immediate and irreparable harm without an injunction against AD cash deposits, the Court of International Trade held in a Feb. 24 opinion denying the preliminary injunction motion. Judge Stephen Vaden added that Grupo Simec's evidence purportedly showing how it would be harmed without the injunction contained conclusory evidence that, if held to be sufficient to establish harm, would "eviscerate the operation of the antidumping laws."