The following lawsuits were filed recently at the Court of International Trade:
Importer Kehoe Component Sales filed a consent motion for the Court of International Trade to set aside the dismissal of its customs case, which was tossed for lack of prosecution after the case wasn't removed from the customs case management calendar prior to the end of the removal period (see 2602030010) (Kehoe Component Sales v. United States, CIT # 22-00187).
CBP's regulations implementing the U.S.-Bahrain Free Trade Agreement are a "reasonable exercise of CBP's authority to implement the Agreement" and properly dictate the test for qualifying for preferential treatment under the FTA, importer JBF Bahrain argued in a Jan. 29 reply brief at the Court of International Trade. JBF said that despite asking the trade court to "ignore" the regulations and the "commitment the U.S. made to" Bahrain, the government hasn't claimed the regulations are illegal or "in conflict with the statute" (JBF Bahrain v. United States, CIT # 23-00067).
The U.S. is "clearly attempting to deny" importer G&H Diversified Manufacturing "access to facts that would support its claims" in opposing the company's motion for a legal ruling on the propriety of seeking testimony from both CBP and the Bureau of Industry and Security in a case seeking an exclusion from Section 232 tariffs, G&H argued Feb. 2 (G&H Diversified Manufacturing v. United States, CIT # 22-00130).
The U.S. dropped its appeal of the Court of International Trade's decision vacating the Commerce Department's duty "pause" on collection of antidumping duties and countervailing duties on solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam. The U.S. Court of Appeals for the Federal Circuit dismissed the appeal on Feb. 5 upon the government's request, though the issue continues to be litigated in a separate appeal led by the American Clean Power Association (Auxin Solar v. United States, Fed. Cir. #s 25-2120, 26-1072).
World Trade Organization members met Feb. 3 to discuss next steps in advancing WTO reform work ahead of the 14th Ministerial Conference, which is set to take place in March. Norway's Petter Olberg, the "facilitator on WTO reform," said he will launch a "reform month" on Feb. 5 "aimed at discussing a post-MC14 workplan."
The following lawsuits were filed recently at the Court of International Trade:
The International Trade Commission properly analyzed whether there was a "reasonable overlap of competition between and among" imports of oil country tubular goods from Argentina, Mexico, Russia and South Korea and the domestic like product, and reasonably decided to cumulate the imports from these countries in its analysis, the U.S. argued (Tenaris Bay City v. United States, Fed. Cir. # 25-2034).
The Commerce Department properly decided not to use adverse facts available against antidumping duty respondent Saha Thai Steel Pipe Public Company on remand in a case on the 2018-19 administrative review of the AD order on circular welded carbon steel pipes and tubes from Thailand, the Court of International Trade held on Feb. 4. Judge Gary Katzmann rejected petitioner Wheatland Tube Company's argument that an intervening decision from the U.S. Court of Appeals for the Federal Circuit on the scope of the AD order impacts the court's previous decision rejecting the use of adverse facts available against Saha Thai.
The following lawsuits were filed recently at the Court of International Trade: