German corporation Conti, owner of the "Flaminia" vessel, petitioned the U.S. Court of Appeals for the 5th Circuit for rehearing on whether the court had personal jurisdiction over Mediterranean Shipping Co. in a suit seeking to confirm a $200 million arbitration award against the shipping giant. Conti said the grounds on which the appellate court rejected personal jurisdiction were twice waived since the company failed to raise them before the trial court and in its opening brief, and are wrong as a "factual matter" (Conti 11. Container Schiffarts-Gmbh & Co. KG M.S., MSC Flaminia v. MSC Mediterranean Shipping Co., 5th Cir. # 22-30808).
CBP on Feb. 15 reversed its finding that importer Columbia Aluminum Products evaded the antidumping and countervailing duty orders on aluminum extrusions from China (Columbia Aluminum Products v. United States, CIT # 19-00185).
The U.S. opened a customs penalty lawsuit against California importer Rago Tires, alleging that the company avoided antidumping and countervailing duty orders on truck and bus tires from China. The government is looking to collect $56,435.48 from Rago, quadruple the amount of duties the company allegedly failed to pay (U.S. v. Rago Tires, CIT # 24-00043).
The Court of International Trade on Feb. 15 said companies that submit requests for administrative review in antidumping and countervailing duty proceedings can intervene as a matter of right at the Court of International Trade.
World Trade Organization members during the Feb. 13 meeting of the Council for Trade-Related Aspects of Intellectual Property Rights adopted two reports developed by the committee's chair, Thailand's Pimchanok Pitfield, to allow for work to be done during the 13th Ministerial Conference, the WTO announced. MC13 is set to take place Feb. 26-29.
The Court of International Trade on Feb. 13 dismissed an antidumping duty case brought by exporter Oman Fasteners for lack of prosecution. Mario Toscano, clerk of the court, said that no complaint was filed "within the period" laid out by 19 U.S.C. 1516a, which says an interested party may file a summons and complaint within 30 days of a determination from the Commerce Department. Oman Fasteners brought the suit to contest the 2021-22 review of the antidumping duty order on steel nails from Oman in which it received a zero percent dumping margin. No separate lawsuit was filed by the petitioner in the review, Mid Continent Steel & Wire (Oman Fasteners v. United States, CIT # 24-00008).
Tire exporter Pirelli Tyre told the U.S. Court of Appeals for the Federal Circuit that the Commerce Department improperly applied its own legal framework for assessing whether the company rebutted the presumption of Chinese state control in the third review of the antidumping duty order on passenger vehicle and light truck tires from China. Filing a reply brief on Feb. 9, Pirelli said the agency ignored the policy's explicit directive to link all four of the factors concerning de facto foreign state control to a company's "export activities" (Pirelli Tyre Co. v. United States, Fed. Cir. # 23-2266).
The Court of International Trade in a Feb. 8 opinion made public Feb. 13 remanded parts and sustained parts of the Commerce Department's antidumping duty investigation on thermal paper from Germany. Judge Gary Katzmann sustained Commerce's inclusion of exporter Koehler Paper's "Blue4est" paper product within the scope of the investigation, its coding of the dynamic sensitivity product characteristic and its application of price adjustments for some home market rebates.
Bridget McGovern, former assistant secretary for trade and economic security at DHS, joined Squire Patton as a partner in the public policy practice, the firm announced. McGovern will focus on national security and trade issues, including reviews by the Committee on Foreign Investment in the U.S. She worked for over two years at DHS, where she served as an agency representative to CFIUS and helped implement the Uyghur Forced Labor Prevention Act Entity List.
The 13th Ministerial Conference must deliver on proposals aimed at strengthening existing flexibilities in World Trade Organization agreements for developing nations, Director-General Ngozi Okonjo-Iweala urged last week. Ten agreement-specific proposals, which were tabled by the WTO G-90 group of developing WTO nations, are ripe for action at MC13, Feb. 26-29, according to WTO.