The Court of International Trade on Aug. 8 denied exporter Habas Sinai ve Tibbi Gazlar Isihsal Endustrisi's motions to intervene in an antidumping suit and secure an injunction on its entries because its entries have "already been liquidated." Judge Jane Restani said that because the company failed to secure an injunction from the court prior to the liquidation of its entries, the court can't provide the relief the company seeks.
Three wildlife advocacy groups took to the Court of International Trade on Aug. 8 to contest the collective failure of the Commerce, Treasury and Homeland Security departments and the National Marine Fisheries Service to ban fish or fish products exported from fisheries that don't meet U.S. bycatch standards under the Marine Mammal Protection Act (MMPA) (Natural Resources Defense Council v. Gina Raimondo, CIT # 24-00148).
The Court of International Trade on Aug. 8 said anti-forced labor advocacy group International Rights Advocates (IRAdvocates) doesn't have standing to challenge CBP's inaction in responding to a petition to ban cocoa from Cote d'Ivoire. Judge Claire Kelly said IRAdvocates failed to show that CBP's inaction "has harmed a core business or diminished any asset."
The American Bar Association's International Law Section last week submitted comments on the Treasury Department's proposed outbound investment rules, suggesting a range of changes the agency should make to further clarify its new rules and adequately set their scope.
The U.S. will appear for oral argument in an antidumping duty case at the U.S. Court of Appeals for the Federal Circuit despite appellants Risen Energy Co. and Canadian Solar waiving their rights to appear. Risen initially brought suit to challenge the 2017-18 AD review on solar cells from China. The company said the Commerce Department failed to use the best information when setting surrogate values for the company's backsheet and ethyl vinyl acetate inputs (see 2305170049). DOJ attorney Ashley Akers will appear for the government (Risen Energy Co. v. U.S., Fed. Cir. # 23-1550).
Ljiljana Karadzic, wife of former Serbian President Radovan Karadzic, said the U.S. government's recent sponsorship of a U.N. Security Council Resolution related to petitions for sanctions delisting helps her case that the Office of Foreign Assets Control unreasonably delayed in ruling on her delisting petition (Ljiljana Karadzic v. Bradley Smith, D.D.C. # 23-01226).
The U.S. said the Supreme Court's decision in Loper Bright Enterprises v. Raimondo, which eliminated the principle of deferring to federal agencies' interpretations of ambiguous statutes, "is not pertinent" to the massive lawsuit on the validity of the lists 3 and 4A Section 301 tariffs (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The U.S. Court of Appeals for the Federal Circuit on Aug. 7 said the Commerce Department's use of only adverse facts available rates to set the rate for the non-individually examined respondents in antidumping proceedings, known as the "expected method," is not presumptively unreasonable. Judges Alan Lourie and Kara Stoll said instead that the "burden is on Commerce to justify a departure from the expected method, not to justify its use."
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit gave text-only notice to exporter Canadian Solar that it failed to respond to the court's notice of oral argument in an appeal on the 2017-18 antidumping duty review on solar cells from China. Exporter Risen Energy Co. filed the appeal to claim that the Commerce Department failed to use the best information when setting surrogate values for the company's backsheet and ethyl vinyl acetate inputs (see 2305170049). While Risen waived its right to appear at oral argument (see 2408020019), the court told Canadian Solar that failure to respond to notice of oral argument "may result in dismissal or other action as deemed appropriate by the court" (Risen Energy Co. v. U.S., Fed. Cir. # 23-1550).