The following lawsuit was filed recently at the Court of International Trade:
The U.S. defended its use of its quarterly cost methodology in calculating exporter Officine Tecnosider's antidumping duty rate in the 2020-21 administrative review of the AD order on steel plate from Italy, arguing that petitioner Nucor Corp.'s claims to the contrary fail to show that it's the "one and only" reasonable outcome. Submitting a brief on March 19 in defense of its remand results, Commerce said it wasn't free to ignore evidence of a link between the respondent's costs and sales prices during the review period (Officine Tecnosider v. United States, CIT # 23-00001).
The U.S. District Court for the Western District of Kentucky declared a mistrial in a case against defense contractor Quadrant Magnetics for violating export controls after the government sent the company thousands of pages of documents relevant to the case immediately prior to and during the company's trial (United States v. Quadrant Magnetics, W.D. Ky. # 3:22-00088).
Colombia formally accepted the World Trade Organization Agreement on Fisheries Subsidies on March 19, bringing the number of countries that have accepted the deal to 93. The WTO needs 18 more countries to accept to get to two-thirds of the membership, the threshold for the agreement to take effect.
The U.S. filed a civil forfeiture complaint in the U.S. District Court for the Southern District of Florida on March 18 against an aircraft that was allegedly smuggled from the U.S. and operated to benefit Venezuelan President Nicolas Maduro and his representatives in Venezuela, in violation of U.S. sanctions and export controls. The aircraft, a Dassault Falcon 900 EX plane with tail number T7-ESPRT, was seized last year in the Dominican Republic at the request of the U.S., DOJ said.
No lawsuits have been filed recently at the Court of International Trade.
Parties originally excluded from an expedited countervailing duty review on Canadian softwood lumber opposed the government's bid to file a supplemental brief to a status report in a dispute on whether the excluded parties can obtain refunds of CVD cash deposits. The originally excluded parties said the U.S. failed to establish good cause for submitting a reply to the status report (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, CIT # 19-00122).
Importer Under the Weather defended its motion for leave to amend its complaint in a customs case, arguing that the government's grounds for opposition to the motion, untimeliness and prejudice, don't defeat it. The importer said any delay the Court of International Trade might find due to the motion isn't "undue" and that the amendment doesn't prejudice the U.S., since the amendment would add a claim based on the "same transactions and events as the original complaint" (Under the Weather v. United States, CIT # 21-00211).
International trade attorney E.J. Thomas has rejoined Morris Manning as a senior associate, the firm announced. Thomas previously worked at the firm from 2014 to 2019, joining first as a paralegal and then rising to international trade associate. Thomas later joined Covington & Burling as an associate in 2023 and now returns to Morris Manning's international trade practice.
The U.S. Court of Appeals for the Federal Circuit issued its mandate in an antidumping duty case following importers Struxtur's and Evolutions Flooring's decision to voluntarily dismiss their appeals (see 2502110055). The case concerned the Commerce Department's use of a country-wide adverse facts available rate in calculating the AD rate for the separate rate respondents in the 2016-17 review of the AD order on multilayered wood flooring from China. A related appeal will continue to be litigated by importers led by Galleher Corp. on whether the use of AFA punishes the separate rate companies for respondent Sino-Maple's lack of cooperation and leads to an aberrational AD rate (see 2502050023) (Fuson Jinlong Wooden Group Co. v. United States, Fed. Cir. # 25-1232).