Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.

The Court of International Trade on Oct. 10 sent back the Commerce Department's use of partial adverse facts available against exporter Nippon Steel for its failure to submit sales data from some of its U.S. affiliates in the third review of the antidumping duty order on hot-rolled steel flat products from Japan. Judge Stephen Vaden said Commerce failed to grapple with Nippon Steel's limitations under Japanese law to collect this data from its affiliates.

The Commerce Department under protest on Oct. 10 reversed its finding that exporter Saha Thai Steel Pipe Public Co. and one of its customers, BNK Steel Co., are affiliated, on remand at the Court of International Trade. The decision lowered Saha Thai's antidumping duty rate in the 2020-21 review of the AD order on circular welded carbon steel pipes and tubes from Thailand, from 14.74% to 1.65% (Saha Thai Steel Pipe Public Co. v. United States, CIT # 21-00627).

The U.S. Court of Appeals for the Federal Circuit on Oct. 10 rejected a Canadian lumber exporter’s attempt to challenge the denial of a cash deposit rate under 28 U.S.C. 1581(i), saying the exporter was attempting "to use § 1581(i) to make an end run around the binational panel’s exclusive review."

The Court of International Trade on Oct. 10 denied German paper exporter Koehler Oberkirch GmbH's bid to immediately appeal a prior decision from the court allowing service to be effected on the company's U.S. counsel. Judge Gary Katzmann said that an interlocutory appeal wouldn't "materially advance" and would actually delay the "ultimate termination of the litigation."

Importer UniChem on Oct. 8 opposed the government's bid for leave to add correspondence between CBP and the DEA to the record of a case on seized weight loss dietary supplements, after the U.S. was confronted about its previous failure to add such communications to the record during oral argument at the Court of International Trade. The government is also seeking to respond to UniChem's claims regarding whether the court has jurisdiction now that CBP has allegedly seized the goods (UniChem Enterprises v. United States, CIT # 24-00033).

The Court of International Trade on Oct. 8 sustained the Commerce Department's scope ruling including importer Printing Textiles' "Canvas Banner Matisse" imports within the scope of the antidumping duty order on artist canvas from China. Judge Timothy Stanceu said Commerce's interpretation of one sentence of the order's scope that is ambiguous "was not per se unreasonable."

The U.S. Court of Appeals for the Federal Circuit on Oct. 8 said the Court of International Trade improperly rejected the Commerce Department's inclusion of door thresholds imported by Worldwide Door Components and Columbia Aluminum Products in the antidumping and countervailing duty orders on aluminum extrusions from China. Judges Sharon Prost, Richard Linn and Todd Hughes said Commerce adequately explained on remand that the door thresholds are subassemblies and thus not qualified for the finished merchandise exception.

The Customs and International Trade Bar Association filed an amicus curiae brief opposing the Court of International Trade’s refusal to redact an December 2023 opinion sustaining an affirmative injury finding regarding mattress imports (see 2312200070) (CVB v. United States, CIT # 21-00288) (CVB, Inc. v. United States, Fed. Cir. # 24-1504).

Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.