The U.S. Court of Appeals for the 11th Circuit reversed a lower court's dismissal of sugar producer North American Surgar Industries' suit against five companies for allegedly trafficking the company's property, which was stolen by the Cuban government. Judges Charles Wilson, Robert Luck and Barbara Lagoa held that the lower court incorrectly found that the alleged violations of the Helms-Burton Act only occurred in Cuba (North American Sugar Industries v. Xinjiang Goldwind Science & Technology, 11th Cir. # 23-10126).
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.
James Ransdell, an international trade attorney at Cassidy Levy, has been elevated to partner, the firm announced. Ransdell joined Cassidy Levy in 2018 as an associate and works on trade remedies and customs issues.
The Court of International Trade will be closed Jan. 9 in observance of the national day of mourning for the late President Jimmy Carter, the court announced. The day will be considered a "legal holiday" for the purposes of computing time and motions to enlarge time under the court's Rule 6.
The International Trade Commission on Jan. 3 amended its rules of practice and procedure to make various technical corrections, clarify certain provisions, harmonize parts of the ITC's rules and "address concerns that have arisen in Commission practice." The amendments include "replacing gender-specific language with gender-neutral language in the rules," eliminating paper copies and to permanently abide by e-filing requirements, and clarifying the sufficiency of a complaint alleging a violation of Section 337.
The following lawsuits were recently filed at the Court of International Trade:
The International Trade Commission erred when it found that aluminum extrusion exports from 14 nations didn't injure the U.S. industry, AD/CVD petitioners the U.S. Aluminum Extruders Coalition and the United Steelworkers argued in a Jan. 3 complaint at the Court of International Trade. The seven-count complaint challenged, among other things, the commission's conclusions that the extrusions didn't undersell the domestic like product nor have "significant adverse price effects" (U.S. Aluminum Extruders Coalition v. United States, CIT # 25-00001)
Antidumping petitioner Coalition of American Manufacturers of Mobile Access Equipment took to the Court of International Trade on Jan. 3 to challenge the Commerce Department's surrogate value picks in the 2022-23 review of the antidumping duty order on mobile access equipment from China. The petitioner filed a 12-count complaint to contest 12 different surrogate data picks (Coalition of American Manufacturers of Mobile Access Equipment v. United States, CIT # 24-00219).
The U.S. Court of Appeals for the Federal Circuit on Dec. 31 denied Canadian lumber exporter J.D. Irving's bid for a full court rehearing of a three-judge panel's rejection of the company's attempt to challenge the denial of an antidumping duty cash deposit rate under Section 1581(i) (J.D. Irving v. United States, Fed. Cir. # 23-1652).
Exporter Saha Thai Steel Pipe Public Co. petitioned the U.S. Supreme Court earlier this month to hear its antidumping duty scope case. The petition cast the lower court's decision sustaining the inclusion of its production in the scope of the AD order on circular welded carbon steel pipes and tubes from Thailand as a failure to apply the high court's recent decision in Loper Bright Enterprises v. Raimondo, which eliminated the principle of deferring to agencies' interpretations of ambiguous statutes (Saha Thai Steel Pipe Public Co. v. Wheatland Tube Co., Sup. Ct. 24-696).
The Court of International Trade sent back the Commerce Department's determination in a covered merchandise referral to exclude certain carbon steel butt-weld pipe fittings made from Chinese fittings that underwent production in Vietnam from the scope of the antidumping duty order on carbon steel butt-weld pipe fittings from China. Judge Jennifer Choe-Groves remanded Commerce's consideration of various (k)(1) sources, including a circumvention finding that took a contrary position.