The U.S. Court of Appeals for the Federal Circuit should not grant a stay of proceedings in a lawsuit challenging the Commerce Department's particular market situation in an antidumping duty sales-below-cost test because the defendants seeking the stay haven't shown they're likely to succeed in the case, plaintiff-appellees Dong-A Steel Co. and Kukje Steel Co. said in a Feb. 14 brief. A trio of defendant-appellants -- Atlas Tube, Searing Industries and Nucor Tubular Products -- had requested a stay while the Federal Circuit wraps up another case wherein Welspun Tubular requested a full court rehearing over an identical question, but the Federal Circuit is unlikely to grant the rehearing or overturn its earlier decision, Dong-A and Kukje said (Dong-A Steel Company v. United States, Fed. Cir. #21-2153).
The U.S. Court of Appeals for the Ninth Circuit affirmed a California district court ruling dismissing a case brought by investors in U.S. semiconductor developer Qualcomm over an alleged scheme by the American company to illegally block Singapore firm Broadcom's bid to take over Qualcomm. Investors had argued Qualcomm had improperly lobbied lawmakers and the Committee on Foreign Investment in the U.S. to block the acquisition.
The Court of International Trade in a Feb. 14 order granted an injunction until the conclusion of litigation against the liquidation of two plaintiffs' mattress imports. The Department of Justice pushed back against that timeline. It urged an end date of April 30, the same end date as the first administrative review period of the antidumping duty order the plaintiffs are contesting. Judge Gary Katzmann said that the plaintiffs, Best Mattresses International and Rose Lion Furniture International, sufficiently showed a likelihood to succeed on the merits of the case and that they would be irreparably harmed without the indefinite injunction.
The following lawsuits were recently filed at the Court of International Trade:
A customs broker license test taker filed suit at the Court of International Trade after two appeals of her final score on the Customs Broker License Examination failed to result in a passing grade. Filing the case without an attorney, Shuzhen Zhong wants the court to review the six questions she appealed to CBP, of which she only received credit for one upon reconsideration. Zhong took particular issue with CBP's getting both her address and gender wrong when returning the results of her appeal (Zhong v. United States, CIT #22-00041).
The Commerce Department reasonably derived the separate rate respondents' dumping margin in an antidumping duty investigation by averaging the mandatory respondents' zero percent and adverse facts available rates, petitioner Coalition for Fair Trade in Hardwood Plywood said in a Feb. 3 reply brief at the Court of International Trade. Responding to arguments made by the plaintiffs, led by Linyi Chengen Import and Export Co., Celtic Co. and Taraca Pacific, the coalition said that Commerce properly relied on the information laid out in the petition to derive the rates since it was already vetted by Commerce as part of the pre-initiation phase of the investigation (Linyi Chengen Import and Export Co. v. United States, CIT Consol. #18-00002).
The U.S. District Court for the District of Alaska permitted an amicus brief to be filed in a case brought by two shipping companies contesting hefty Jones Act penalties over their shipments of fish from Alaska to the East Coast of the U.S. The brief from logistics company Lineage Logistics Holdings was permitted despite opposition from the Department of Justice, which argued that the brief does not raise any new issues (Kloosterboer International Forwarding LLC v. United States, D. Alaska #3:21-00198).
The effective dates of the Commerce Department's partial revocation of the antidumping and countervailing duties on solar cells from China ran contrary to the agency's stated practice, because they excluded unliquidated entries that weren't subject to the final results of an administrative review or automatic liquidation at the time, importer Source Global said in a Feb. 11 complaint at the Court of International Trade (Source Global, PBC v. United States, CIT #22-00009).
The following lawsuits were recently filed at the Court of International Trade:
Dominican aluminum extrusion manufacturer Kingtom Aluminio is guilty of evading the antidumping and countervailing duty orders on aluminum extrusions from China, CBP said in a Feb. 4 evasion determination. Already party to two Enforce and Protect Act evasion inquiries as a producer, Kingtom was found guilty of evasion in a separate case where it acted as the importer of record. In fact, CBP used the fact that Kingtom began importing aluminum extrusions into the U.S. itself following the other two EAPA cases as evidence of Kingtom's alleged evasion.