Parties in Judge Pauline Newman's suit against her colleagues' investigation into her fitness to continue serving on the U.S. Court of Appeals for the Federal Circuit released a briefing schedule on March 14 at the U.S. District Court for the District of Columbia. Newman will submit her response to her colleagues' motion for judgment on the pleadings on April 5, and the three CAFC judges will file their reply April 19. Judges Kimberly Moore, Sharon Prost and Richard Taranto submitted their motion for judgment last week, arguing that Newman's constitutional claims fell flat (see 2403110054) (Hon. Pauline Newman v. Hon. Kimberly Moore, D.D.C. # 23-01334).
Exporter PT. Zinus Global Indonesia on March 14 dismissed its lawsuit at the Court of International Trade challenging the 2020-22 review of the antidumping duty order on mattresses from Indonesia. The exporter filed the complaint in the case last month, contesting the Commerce Department's constructed value profit and selling expense ratios, treatment of B grade mattress sales as U.S. sales and differential pricing analysis. No reason was provided as to the suit's dismissal (PT. Zinus Global Indonesia v. United States, CIT # 24-00004).
CBP violated Phoenix Metal Co.'s due process rights by not giving it notice and a chance to comment on interim measures imposed in an Enforce and Protect Act case on the company's cast iron soil pipe imports, the company said March 15 (Phoenix Metal Co. v. United States, CIT # 23-00048).
The U.S. told the Court of International Trade in a March 15 reply brief that importer Katana Racing has failed to submit any evidence that would be admissible at trial to rebut the govenrment's claims in a customs penalty suit. The U.S. said Katana only pointed to "hearsay" in addressing the government's arguments that the company was the importer of record for the 386 entries at issue and that the importer negligently entered the goods via "material and false statement" (United States v. Katana Racing, CIT # 19-00125).
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade on March 14 gave parties in a customs case filed by importer BASF Corp. an extra two weeks to file dispositive motions. BASF filed a consent motion on March 13 after fact and expert discovery wrapped up to give the parties more time to prepare a "statement of undisputed material facts." BASF added that its counsel has other cases before the court and federal agencies, requiring the extension (BASF Corp. v. United States, CIT Consol. # 13-00318).
Indian exporter Kumar Industries and the U.S. agreed that each should bear its own costs after Kumar withdrew its appeal at the U.S. Court of Appeals for the Federal Circuit in an antidumping duty case (Kumar Industries v. United States, Fed. Cir. # 24-1293).
The Court of International Trade in a confidential March 14 opinion remanded the Commerce Department's antidumping duty investigation on granular polytetrafluoroethylene resin from India. In a letter to the parties, Judge M. Miller Baker said he wants to publish a public version of the opinion March 19. U.S. manufacturer Daikin America brought the suit to contest Commerce's decision to accept respondent Gujarat Fluorochemicals' method for reporting its U.S. movement expenses (see 2205120026). Daikin said that Gujarat Fluorochemicals ignored Commerce's instructions to report its sales expenses on a transaction-specific basis, warranting adverse facts available, and that the agency illegally granted a constructed export price offset for the respondent (Daikin America v. U.S., CIT # 22-00122).
The Court of International Trade in a confidential March 14 order remanded the Commerce Department's antidumping duty investigation on oil country tubular goods from Argentina. In a letter to the litigants, Judge Claire Kelly said she wants to issue a public version of the opinion on or just after March 22. Exporters led by Tenaris Bay City brought the suit contesting Commerce's decision to start the investigation as not being backed by enough of the domestic industry (see 2310230051) (Tenaris Bay City v. U.S., CIT # 22-00343).
The U.S. on March 13 opposed importer Unichem Enterprises' motion to expedite its customs case on CBP's exclusion of its entries of 7-keto dehydroepiandrosterone, saying the company "has failed to establish good cause for expediting this action" (Unichem Enterprises v. U.S., CIT # 24-00033).