The Court of International Trade on Jan. 16 said the Korean government's full allotment of carbon emissions credits to exporter Hyundai Steel Co. is de jure specific. Judge M. Miller Baker issued a decision in a pair of cases on the issue, finding that the conditions for eligibility for the additional credits aren't neutral and are based on "the substantive character" of the company's "operations."
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
The U.S. Court of Appeals for the Federal Circuit on Jan. 16 denied exporter Koehler Oberkirch's petition for writ of mandamus, which sought to have the appellate court review the Court of International Trade's decision that the government could effect service on the company via its U.S. counsel. Judges Timothy Dyk, Tiffany Cunningham and Leonard Stark said Koehler failed to meet the "demanding standard" for granting mandamus relief (In Re Koehler Oberkirch, Fed. Cir. # 25-106).
Ryan Majerus, former acting assistant secretary for enforcement and compliance at the Commerce Department, has joined King & Spalding as a partner in the international trade practice, the firm announced. Majerus has held various positions in the U.S. government, including senior policy adviser for supply chains at the White House National Economic Council and assistant general counsel in the Office of the U.S. Trade Representative.
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit last week heard oral argument on whether the Commerce Department erred in using adverse facts available against exporter Tau-Ken Temir in a countervailing duty review due to the company's failure to meet filing deadlines. Judges Todd Hughes, Sharon Prost and Timothy Dyk sharply questioned counsel for both Tau-Ken Temir and the government regarding whether the exporter took best efforts to meet filing deadlines and whether the government acted reasonably in rejecting the submission that was filed two hours late (Tau-Ken Temir v. United States, Fed. Cir. # 22-2204).
The Commerce Department reasonably used exporter Kaptan Demir Celik Endustrisi's invoice date as the date of sale in the 2021-22 review of the antidumping duty order on steel concrete rebar from Turkey, the Court of International Trade held on Jan. 15. Judge Jane Restani also upheld Commerce's differences-in-merchandise adjustment, finding that the adjustment wasn't distoritive in the way that it controlled for inflation.
International trade attorney Moushami Joshi has joined Husch Blackwell as senior counsel, Joshi announced on LinkedIn. She joins the firm from Pillsbury Winthrop, where she worked as an attorney for over 10 years. Prior to working at Pillsbury in Washington, Joshi worked as an international trade partner at L&L Partners in India.
The Pentagon defended its decision to designate Chinese lidar company Hesai Technology as a Chinese military company, filing a cross-motion for judgment in Hesai's case against its designation at the U.S. District Court for the District of Columbia (see 2412110023). DOD said substantial evidence backs its finding that Hesai is a "military-civil fusion contributor to the Chinese defense industrial base," arguing that Hesai failed to appreciate that the "combined weight" of all the evidence supports the designation (Hesai Technology Co. v. United States, D.D.C. # 24-01381).
The Commerce Department erred in using adverse facts available related to exporter The Ancientree Cabinet Co.'s alleged receipt of benefits from China's Export Buyer's Credit Program, Ancientree argued in a Jan. 13 complaint at the Court of International Trade. Ancientree said it demonstrated that neither it nor its U.S. customers used the EBCP (The Ancientree Cabinet Co. v. United States, CIT # 24-00223).
Various exporters led by Jiangsu Dingsheng New Materials Joint-Stock Co. challenged the Commerce Department's antidumping and countervailing duty reviews on aluminum foil from China at the Court of International Trade (Hangzhou Five Star Aluminum Co. v. United States, CIT # 24-00231) (Jiangsu Dingsheng New Materials Joint-Stock Co. v. United States, CIT # 24-00228).