The Court of International Trade should sustain the Commerce Department’s remand redetermination of an antidumping duty investigation on OCTG from South Korea, DOJ argued. The court only ordered Commerce to reconsider a specific issue on remand, which the department did, DOJ wrote in its Sept. 6 remand comments to the Court of International Trade (Nexteel Co. v. United States, CIT Consol. # 18-00083).
The Commerce Department reconsidered its rejection of exporter AG der Dillinger Huttenwerke's proposed quality code for sour service petroleum transport on remand at the Court of International Trade. Submitting its redetermination on Sept. 7, the agency said it used the exporter's proposed quality code due to its decision in Bohler Bleche BMBH & Co. v. U.S., leading to an increase in Dillinger's dumping rate to 4.99% as part of the antidumping duty investigation on steel cut-to-length plate from Germany (AG der Dillinger Huttenwerke v. United States, CIT # 17-00158).
The Commerce Department's alleged unequal treatment of the parties in a scope ruling justifies judgment in favor of the importers, Elysium Tiles and Elysium Tile Florida argued in an Aug. 31 motion for judgment at the Court of International Trade. The case concerns a scope ruling issued with respect to the antidumping and countervailing duty orders on ceramic tiles from China. Elysium argues that Commerce improperly met with Florida Tile, a member of the AD/CVD petitioner Coalition of Fair Trade in Ceramic Tile (Elysium Tiles v. U.S., CIT # 23-00041).
The Commerce Department failed to comply with a Court of International Trade remand order in a countervailing duty case concerning forged steel fluid end blocks from Germany, exporter Edelstahl said in its Sept. 6 remand comments at the Court of International Trade. Edelstahl's comment contested the second remand redetermination by the Commerce Department, which continued to find that Germany's KAV program was de jure specific and could be countervailed (BGH Edelstahl Siegen v. U.S., CIT # 21-00080).
A lawsuit from U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman against her colleagues' investigation into her fitness to continue serving on the bench should be dismissed, CAFC Judges Kimberly Moore, Sharon Prost and Richard Taranto argued in a Sept. 1 motion to dismiss. The judges -- who comprise the three-judge panel carrying out the investigation on the 96-year-old Newman -- said that Newman's suit "suffers from fatal jurisdictional flaws" (The Hon. Pauline Newman v. The Hon. Kimberly A. Moore, D.D.C. # 23-01334).
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department erred when it found that wood boards used to produce downstream cabinet products were wood “moulding and millwork” products, importer Hardware Resources said in an Aug. 31 complaint to the Court of International Trade. The suit contests Commerce's Aug. 2 final scope ruling which found that imported edge-glued boards were within the scope of antidumping and countervailing duty orders on wood mouldings and millwork products from China (see 2308080002) (Hardware Resources v. U.S., CIT # 23-00150).
The U.S. asked the Court of International Trade for a voluntary remand in a countervailing duty case to reconsider the calculation of benchmark prices for land and ocean freight. The government said its practice regarding the calculation of these figures has evolved since the present case was brought by Risen Energy Co. and JA Solar on the 2019 review of the CVD order on solar cells from China (Risen Energy Co. v. United States, CIT Consol. # 22-00231).
A case concerning the Commerce Department's refusal to start a successor-in-interest changed circumstances review for exporter GreenFirst Forest Products under the countervailing duty investigation on softwood lumber products from Canada has been dismissed with the agreement of all parties (GreenFirst Forest Products v. U.S., CIT # 22-00097).