The U.S. Court of Appeals for the Federal Circuit in a Jan. 18 order upheld the Court of International Trade's ruling concerning an untimely filing in an antidumping duty sunset review that led to an AD order's revocation. The trade court said the Commerce Department did not abuse its discretion when enforcing the filing deadline. The appellate court affirmed without an opinion.
The Court of International Trade in a Jan. 18 opinion sent back an antidumping review over the Commerce Department's decision to reject AD petitioner Nucor Tubular's ministerial error comments as untimely. Judge Jennifer Choe-Groves said the exception to the requirement that comments be timely filed applies in this case since Commerce's "unintentional errors became apparent only in the Final Results" of the AD review. Since Nucor should have been allowed to submit its comments on the ministerial error, the court remanded the review to consider the error "and respond accordingly," the judge said.
The Commerce Department erred when it treated Section 232 steel and aluminum duties as ordinary customs duties and deducted them from antidumping duty respondent Borusan's export price and constructed export price, the respondent argued in a Jan. 17 complaint at the Court of International Trade (Borusan Mannesmann Boru Sanayi ve Ticaret v. U.S., CIT #23-00005).
The Court of International Trade in a Jan. 16 paperless order denied a U.S. motion to exclude live testimony from plaintiff Oman Fasteners' CEO, Seve Karaga, in an antidumping duty case. The court said that Oman Fasteners can call Karaga to testify at the Jan. 23 hearing over the plaintiff's motion for a preliminary injunction, though the testimony "shall be confined to the facts set forth in his declaration attached to Plaintiffs motion" (Oman Fasteners v. United States, CIT # 22-00348).
The Court of International Trade should have allowed a company that filed an attorney conflict-of-interest suit involving an International Trade Commission AD/CVD injury proceeding to amend its allegations to comply with the court's opinion, rather than dismissing the case outright with leave to file under a different jurisdictional provision, said the company, Amstead Rail Co., in an opening brief filed Jan. 13 at the U.S. Court of Appeals for the Federal Circuit (Amsted Rail Company v. United States, Fed. Cir. # 23-1355).
The following lawsuits were filed at the Court of International Trade during the week of Jan. 9-15:
The following lawsuit was recently filed at the Court of International Trade:
The International Trade Commission used an incorrect interpretation of the word "likely" when finding that revoking the antidumping duty order on hot-rolled steel flat products from Australia would likely lead to the recurrence of material injury to the domestic U.S. industry within a reasonably foreseeable time, Australian exporter BlueScope Steel argued. Filing a complaint at the Court of International Trade Jan. 13, BlueScope also said the ITC erred by cumulating Australian imports with other countries' imports in the injury review (BlueScope Steel v. United States, CIT # 22-00353).
The following lawsuit was recently filed at the Court of International Trade:
Countervailing duty respondent Zhejiang Zhouli Industrial moved on Jan. 11 to dismiss its case at the Court of International Trade over late-submitted questionnaire responses in a countervailing duty investigation (Zhejiang Zhouli Industrial v. United States, CIT # 22-00177).