The Court of International Trade in a Feb. 8 confidential order sustained in part and remanded in part the Commerce Department's findings in an antidumping duty proceeding on thermal paper from Germany. In a letter, Judge Gary Katzmann gave the litigants until Feb. 12 to review the confidential information in the opinion ahead of issuing the public version of the decision (Mantra Americas v. United States, CIT Consol. # 21-00632).
The Court of International Trade on Feb. 12 sustained the Commerce Department's use of facts available for antidumping duty respondent Euro SME's inland freight costs for its U.S. sales. Judge Stephen Vaden said that contrary to the exporter's claim that Commerce "threw the book at it," the agency "acted with deliberation, patience, and arguably stayed its hand when it could have drawn adverse inferences more broadly against such a seasoned respondent."
The statutory basis for the U.S. trade representative's lists 3 and 4A tariffs -- Section 307 of the Trade Act of 1930 -- only allows for a "modification" of existing duties and not a "radical and unprecedented seven-fold escalation launching an unbounded trade war with China," appellants in the massive lawsuit challenging the Section 301 tariffs on China told the U.S. Court of Appeals for the Federal Circuit on Feb. 12 (HMTX Industries v. United States, Fed. Cir. # 23-1891).
Indonesia requested dispute consultations at the World Trade Organization on Feb. 12 regarding the EU's antidumping duties on fatty acids from Indonesia, the WTO announced. Indonesia said the duties violate the WTO's Anti-Dumping Agreement and the General Agreement on Tariffs and Trade. The request formally starts the dispute and sets up both parties to start a 60-day consultation period. Should consultations prove unsuccessful, "the complainant may request adjudication by a panel," the WTO said. The dispute concerns fatty acids, which are used in a "variety of consumer products as well as industrial lubricants."
The U.S. District Court for the District of Columbia on Feb. 12 dismissed a host of claims from U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman against three of her colleagues for their investigation on Newman's fitness to continue serving on the court. Judge Christopher Cooper also rejected Newman's bid for an injunction against the CAFC Judicial Council's one-year ban on Newman hearing new cases at the court (see 2309200024) (Hon. Pauline Newman v. Hon. Kimbelry Moore, D.D.C. # 23-01334).
Kristina Puzyreva, a Russian and Canadian national, pleaded guilty on Feb. 12 to conspiracy to commit money laundering for her role in a scheme to export unnamed aerial vehicle parts, guided missile system components and other weapons to sanctioned Russian entities, the U.S. Attorney's Office for the Eastern District of New York announced. She faces up to 20 years in prison.
The following lawsuits were recently filed at the Court of International Trade:
Court of International Trade Judge Stephen Vaden on Feb. 12 recused himself from a pair of cases in which Nicholas Phillips, associate at Schagrin Associates, appeared for one of the parties after he was working as a law clerk for Vaden while the case was pending (Asia Wheel Co. v. United States, CIT Consol. # 23-00096) (American Kitchen Cabinet Alliance v. United States, CIT # 23-00140).
The Court of International Trade on Feb. 12 sustained the Commerce Department's decision to use a simple average of standard deviations in the denominator of the Cohen's d test in detecting "masked" dumping as part of the antidumping investigation on steel nails from Taiwan. Despite a pair of decisions from the U.S. Court of Appeals for the Federal Circuit rejecting the use of simple averages in this case, Judge Claire Kelly said she could find no fault with the logic Commerce employed.
Jacob Garten, international trade attorney at Buchanan Ingersoll, was elevated to an associate position, previously working as a section specialist at the firm, he announced on LinkedIn. Garten joined the firm in January 2023 after serving as an international trade compliance analyst at the Commerce Department for five years.