The U.S. Court of Appeals for the Federal Circuit in a Feb. 8 order allowed the U.S. to change its primary counsel in an antidumping duty case. The government moved to go with Margaret Jantzen instead of Mollie Finnan after Finnan became unavailable for oral argument in the proceeding (Carbon Activated Tianjin, et al. v. United States, Fed. Cir. # 22-1298).
Antidumping duty petitioner Mid Continent Steel & Wire in a Feb. 9 brief opposed plaintiff Oman Fasteners' bid for leave to fix mistakes in its recent motion to take judicial notice. Mid Continent said the trade court should refuse to give Oman Fasteners "another bite at the apple" to fix the mistakes in the brief, noting that this is the "second time in less than a month" that the exporter has asked the trade court for permission to address problems in one of its filings (Oman Fasteners v. U.S., CIT # 22-00348).
The Commerce Department erred when it rejected extension requests and imposed adverse facts available in its 2019-2021 antidumping duty administrative review on quartz surface products from India, three affiliated Indian producers said in a Feb. 8 complaint to the Court of International Trade (Antique Marbonite v. U.S., CIT # 23-00030).
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department's remand results in a countervailing duty case brought by Nucor Corp. should not be considered in a separate CVD case led by Kaptan Demir Celik Endustrisi ve Ticaret, the U.S. argued in a Feb. 8 reply brief at the Court of International Trade. For starters, the remand results -- which saw Commerce decide not to treat a CVD respondent's supplier as a cross-owned input supplier -- have not been sustained, but even if they were, the trade court is not bound by judgments of other CIT judges, the government said. Also, the analysis in the Nucor case deals with particular companies and is specific to that case (Kaptan Demir Celik Endustrisi ve Ticaret v. U.S., CIT # 21-00565).
A proposed remand order that would force the International Trade Commission to reconsider a 2021 final injury determination in an antidumping duty case on methionine from Spain and Japan overly restricts the ITC's authority and discretion, defendant-intervenor Novus International argued in its Feb. 8 response to the draft order (Adisseo Espana and Adisseo USA v. U.S., CIT # 21-00562).
The U.S. Court of Appeals for the Federal Circuit's recent decision upholding President Donald Trump's imposition of Section 232 national security tariffs on steel and aluminum derivative products provides further evidence that exporter Oman Fasteners will suffer irreparable harm without an injunction in an antidumping duty case, Oman Fasteners argued. Filing a motion to take judicial notice at the Court of International Trade on Feb. 7, the exporter said that in light of the Federal Circuit's decision it will be required to pay the Section 232 duties on its steel nails entered after Feb. 8, 2020 (Oman Fasteners v. United States, CIT # 22-00348).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should dismiss a penalty case against defendant Zhe "John" Liu since the statute of limitations had run out by the time the case was filed, and because the government has not established how Liu was connected to the allegedly fraudulent scheme, Liu argued in a Feb 7 brief at the Court of International Trade (U.S. vs. Zhe "John" Liu, CIT # 22-00215).
The following lawsuits were recently filed at the Court of International Trade: