Patent attorney Andrew Dhuey offered to appear as amicus curiae at the U.S. Court of Appeals for the Federal Circuit to defend Court of International Trade Judge Stephen Vaden's decision rejecting an unopposed motion to redact certain confidential information from the merits decision on an AD/CVD injury determination. Dhuey, who is on the trade court's roster of pro bono counsel, said he would like to be appointed by CAFC to defend Vaden's decision, "arguing on behalf of the public interest in judicial transparency" (CVB, Inc. v. United States, Fed. Cir. # 24-1504).
CBP unlawfully abused its authority by engaging in retaliation against employees of importer Eteros Technologies USA after the company succeeded at the Court of International Trade in overturning the agency's detention of its marijuana-related drug paraphernalia, Eteros alleged in a new complaint at the trade court (Eteros Technologies USA v. United States, CIT # 25-00036).
Parts of brake discs used in airplanes are "parts of an aircraft" and properly classified under Harmonized Tariff Schedule heading 8803, the Court of International Trade held on Jan. 30. Judge Mark Barnett said that since the parts are "used for no other purpose," require "no further processing prior" to their use in a brake disc and have "no other substantial commercial application," they should be classified as aircraft parts.
Petitioner Deer Park Glycine this week dropped its case at the Court of International Trade on the 2022 review of the countervailing duty order on glycine from India. The company has brought a host of other cases to the trade court regarding the antidumping duty and countervailing duty measures on glycine, including a 1581(i) action against the Commerce Department's decision to deny a scope ruling application from the petitioner (see 2501070087). Counsel for Deer Park declined to comment (Deer Park Glycine v. United States, CIT # 24-00268).
Exporter Sahamitr Pressure Container dropped its appeal at the U.S. Court of Appeals for the Federal Circuit of the 2019-20 review of the antidumping duty order on steel propane cylinders from Thailand, according to a Jan. 29 notice filed at the court. Sahamitr filed its opening brief in the case last month, arguing that the Commerce Department improperly used a period of review-wide allocation methodology for the company's expenses (see 2412030054). The respondent argued that it followed Commerce's instructions throughout the review only for the agency to find that its reporting was "distortive." Counsel for Sahamitr didn't immediately respond to a request for comment (Sahamitr Pressure Container v. United States, Fed. Cir. # 24-2043).
The Commerce Department's antidumping duty order on artist canvas from China is "void-for-vagueness and unconstitutional," importer Printing Textiles, doing business as Berger Textiles, told the U.S. Court of Appeals for the Federal Circuit in its opening brief. The company argued that Commerce's "impermissibly unlawful" scope ruling including its canvas banner matisse within the scope of the order "denied Berger adequate notice," adding that the agency "failed to address due process concerns of vague language in the scope of the order" (Printing Textiles v. United States, Fed. Cir. # 25-1213).
The Commerce Department must more fully explain its calculation methodology used to account for the differences in volumes of lumber purchased by exporter Les Produits Forestiers D&G and its affiliate, Les Produits Forestiers Portbec, from unaffiliated suppliers, the Court of International Trade held in a decision made public Jan. 29. Judge Mark Barnett said the U.S. failed to "clarify Commerce's decision-making" behind the calculation in the expedited countervailing duty investigation on softwood lumber products from Canada.
The Commerce Department reasonably found that holding company Siemens Gamesa Renewable Energy S.A. is an "exporter or producer" under its regulations in an antidumping duty investigation on wind towers from Spain, the Court of International Trade held on Jan. 28. Judge Timothy Stanceu said the agency appropriately considered the evidence and rejected petitioner Wind Tower Trade Coalition's position that Siemens Gamesa didn't have a role in the production of wind towers and, thus, didn't have to rescind the investigation on the company.
Nicholas Czajkowski, a former trade analyst for the Commerce Department, has joined Schagrin Associates, the firm announced. Czajkowski worked at Commerce for over 20 years, conducting various trade remedy investigations, administrative reviews and new shipper reviews.
Panama appealed a World Trade Organization dispute ruling on its restrictions covering strawberries, pineapples, bananas, plantains and dairy and meat products from Costa Rica "into the void," effectively ending the dispute due to the lack of a functioning Appellate Body. Panama told the Dispute Settlement Body of its decision to appeal the ruling during its Jan. 24 meeting. Last month, a dispute panel said Panama's phytosanitary restrictions violated the Agreement on Sanitary and Phytosanitary Measures and were "more trade-restrictive than required to achieve Panama's" appropriate level of protection, given that alternatives proposed by Costa Rica were "reasonably available," achieved the appropriate protection level and were less trade-restrictive (see 2412050051).