Chinese exporter Jilin Forest Industry Jinqiao Flooring Group Co. urged the U.S. Court of Appeals for the Federal Circuit to "re-visit and question" the Commerce Department's basis for its non-market economy policy in antidumping duty proceedings. The exporter noted that the policy "has reigned for over twenty years without serious legal challenge," arguing that the appellate court has never directly reckoned with the policy's legality and that it's "high time" for such a review (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).
Former Venezuelan General Cliver Antonio Alcala Cordones was sentenced to 260 months in prison on April 8 for "providing material support" to the Revolutionary Armed Forces of Columbia (FARC), the U.S. Attorney's Office for the Southern District of New York announced. Starting in around 2006, Alcala Cordones leveraged his position in the military to aid the FARC, including by providing "high-powered weapons to the FARC." He pleaded guilty to "providing material support to a designated foreign terrorist organization" and transferring firearms with reasonable cause to believe they "would be used to commit a federal crime of terrorism."
The Court of International Trade in a confidential April 8 order sustained in part and remanded in part the Commerce Department's final remand results in a suit about the 2018-19 antidumping duty review on welded carbon steel standard pipes and tubes from India. Judge Claire Kelly gave the parties until April 15 to review the opinion for confidential information, stating in a letter that she would like to issue the opinion publicly "on or shortly after" April 16. Exporter Garg Tube Export filed suit to contest Commerce's use of adverse facts available against the company after its unaffiliated input supplier failed to cooperate with the agency (see 2401220030) (Garg Tube Export v. United States, CIT # 21-00169).
The Court of International Trade on April 8 upheld CBP's decision on remand that four importers didn't evade the antidumping and countervailing duty orders on hardwood plywood from China. Judge Mark Barnett said the decision will be upheld because because there's "no substantive challenge" to the remand.
The U.S. told the U.S. Court of Appeals for the Federal Circuit on April 5 that the Commerce Department properly countervailed the Port of Incheon program in South Korea. Filing a response to respondent Hyundai Steel Co., the government said that key Federal Circuit precedent -- AK Steel Corp. v. U.S. -- controls in this instance in that the agency wasn't required to consider Hyundai's construction costs in building the port (Hyundai Steel Co. v. U.S., Fed. Cir. # 24-1100).
The Court of International Trade on April 8 referred LE Commodities' challenge to 14 denied requests for exclusions from Section 232 steel and aluminum tariffs to mediation before Judge Leo Gordon. The order was penned by Judge M. Miller Baker, who gave the parties until July 8 to complete the mediation, unless Gordon "recommends an extension" (LE Commodities v. United States, CIT # 22-00245).
The U.S. Court of Appeals for the Federal Circuit on April 8 dismissed importer Rimco's challenge of antidumping and countervailing duties on its steel wheel entries, for lack of subject-matter jurisdiction.
Joseph Maher, former acting general counsel of DHS, has joined Nixon Peabody as partner in the national security and resilience practice, the law firm announced. Maher worked at DHS for over 21 years, where he advised "on all legal aspects of the department’s security and enforcement operations," the firm said.
The U.K. High Court of Justice last week said it has jurisdiction to hear a nearly $10 billion dispute between Russian aircraft companies and the owners, lessors and financing banks of those aircraft leased to Russia.
Two Russian nationals living in Florida pleaded guilty this week to conspiring to violate the Export Control Reform Act by illegally shipping aviation technology to Russian end users, DOJ announced April 4.