The U.S. Court of Appeals for the Federal Circuit issued its mandate Sept. 1 in a case on the Commerce Department's use of adverse facts available against countervailing duty respondent Jangho Group. In a ruling on the 2013 review of the CVD order on aluminum extrusions, the appellate court upheld the Court of International Trade in its ruling that Commerce properly found the Chinese government and Jangho Group failed to respond to the best of their ability on whether aluminum extrusions producers are "authorities" (see 2205100076) (Taizhou United Imp. & Exp. Co. v. U.S., Fed. Cir. # 22-2000).
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).
The Commerce Department must reconsider its decision not to investigate the alleged off-peak sale of electricity for less than adequate remuneration to countervailing respondent POSCO, the Court of International Trade ruled in an Aug. 21 opinion made public Sept. 4. Judge Mark Barnett again remanded the issue after finding that Commerce failed to clearly articulate a standard and apply that standard regarding petitioner Nucor Corp.'s allegation as part of the 2018 review of the CVD order on carbon and alloy steel cut-to-length plate from South Korea.
The following lawsuit was recently filed at the Court of International Trade:
Importer Metal One America moved Aug. 31 to dismiss its customs case at the Court of International Trade concerning its imports of hot-rolled high carbon wire rod tire cord made of steel. In the case, the importer said its product, classified under Harmonized Tariff Schedule subheading 7213.91.3011, qualifies for exclusions from Section 232 steel and aluminum tariffs (Metal One America v. U.S., CIT # 21-00503).
The Court of International Trade in an Aug. 31 order dismissed importer Victaulic Company's customs case concerning its VicFlex sprinkler brackets, per the company's request. Victaulic said its brackets are properly classified as "parts" of machines for dispersing or spraying liquids under Harmonized Tariff Schedule subheading 8424.90.9080 and not subject to Section 301 duties (see 2207180024) (Victaulic v. U.S., CIT # 22-00022).
The U.S. "consistently fails to consider" the filing of a collection action in the Court of International Trade as a valid "'demand' for liquidated duties," surety firm Aegis Security Insurance Co. told the trade court in an Aug. 30 reply brief. Given this failure, the government is illegally trying to limit the concept of "demand" to the issuance of a bill in its attempt to get Aegis to pay a customs bond on entries that liquidated in 2006, the brief said (United States v. Aegis Security Insurance Co., CIT # 20-03628).
President Joe Biden on Aug. 30 announced four new nominations to federal district courts as part of his seventh round of judicial nominations. Colleen Holland, special counsel to Judge Elizabeth Wolford at the U.S. District Court for the Western District of New York, was nominated to the same New York court. Judge John Kazen, current magistrate judge for the Southern District of Texas, was nominated to the same Texas court. Micah Smith, assistant U.S. attorney for the District of Hawaii, was nominated for the U.S. District Court for the District of Hawaii. Ramona Manglona, chief judge of the U.S. District Court for the Northern Mariana Islands, was nominated for the same court.
Importer Cambridge Isotope Laboratories told the Court of International Trade in an Aug. 30 letter as part of its customs suit that it filed a request for a changed circumstances review with the Commerce Department. In the customs case, Cambridge Isotopes said an enriched ammonium sulfate isotope was incorrectly placed within the scope of the antidumping and countervailing duty orders on ammonium sulfate from China (see 2304280022). The changed circumstances review concerns the enriched 15N ammonium sulfate isotope (Cambridge Isotope Laboratories v. United States, CIT # 23-00080).
The Organization of Professional Aviculturists and the Lineolated Parakeet Society told the U.S. Court of Appeals for the 11th Circuit that the Fish and Wildlife Service illegally rejected their petitions to add two avian species to the list of birds that can be imported to the U.S. The avian advocacy groups argued that the U.S. District Court for the Southern District of Florida erroneously dismissed their case by ruling that the plain language of the Wild Exotic Bird Conservation Act does not require species to be listed by the specific countries of origin from which they can be imported (Organization of Professional Aviculturists v. U.S. Fish and Wildlife Service, 11th Cir. # 23-11984).