Judges at the U.S. Court of Appeals for the Federal Circuit on Aug. 5 heard oral argument in a case on the Commerce Department's finding in the countervailing duty investigation on Russian phosphate fertilizers that the Russian government's provision of natural gas was a de facto specific subsidy. Judges Sharon Prost, Jimmie Reyna and Raymond Chen pressed counsel for exporter Industrial Group Phosphorite and the U.S. government on whether the agency properly found that the agrochemical industry is the "predominant user of natural gas" in Russia (The Mosaic Company v. U.S., Fed. Cir. # 24-1593).
Importers Learning Resources and Hand2Mind urged the Supreme Court on Aug. 5 to take up their challenge to the legality of tariffs imposed under the International Emergency Economic Powers Act prior to their case being heard before the U.S. Court of Appeals for the D.C. Circuit on the grounds that the high court may need to do so to hear the case in tandem with the lead lawsuit on the IEEPA tariffs. The importers said the Solicitor General himself suggested this course of action (Learning Resources v. Donald J. Trump, Sup. Ct. # 24-1287).
The Court of International Trade on Aug. 1 dismissed two cases from importer ArcelorMittal Long Products Canada for lack of prosecution. The cases were placed on the customs case management calendar but weren't removed at the "expiration of the applicable period of time of removal." The lawsuits concerned CBP's denial of its protest claiming its steel products should be excluded from Section 232 steel and aluminum tariffs. Counsel for the importer didn't immediately respond to requests for comment (ArcelorMittal Long Products Canada v. United States, #s 21-00342, -00343).
The U.S. District Court of the Southern District of New York on July 30 permanently enjoined the U.S. from enforcing its International Criminal Court-related sanctions against two law professors. Judge Jesse Furman held that the sanctions impermissibly violate the professors' First Amendment free speech rights and that the law professors, Gabor Rona at the Cardozo School of Law and Lisa Davis at CUNY School of Law, likely will suffer irreparable harm without an injunction (Gabor Rona v. Trump, S.D.N.Y. # 25-03114).
A total of 12 amicus briefs were filed at the U.S. Court of Appeals for the D.C. Circuit last week in conjunction with arguments from two importers challenging the legality of tariffs imposed under the International Emergency Economic Powers Act (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
Exporter Salzgitter Flachstahl asked a panel at the U.S. Court of Appeals for the Federal Circuit to rehear its case on the use of partial adverse facts available against the company in the antidumping duty investigation on cut-to-length carbon and alloy steel plate from Germany. Salzgitter argued that the panel seemingly ruled against its proposed methodology for addressing missing manufacturer information for around 28,000 of its downstream sales made in Germany by one of its affiliates based on a misunderstanding of the methodology (AG der Dillinger Huttenwerke v. United States, Fed. Cir. # 24-1219).
The Commerce Department abused its discretion in rejecting a submission from respondent Tau-Ken Temir in a countervailing duty investigation, which was filed one hour and 41 minutes late, the U.S. Court of Appeals for the Federal Circuit held on Aug. 4. Judge Todd Hughes filed a dissent in the case, noting that he believes "Commerce has extensive authority to enforce its own deadlines."
The Commerce Department slashed antidumping duty respondent Saha Thai Steel Pipe's antidumping duty rate to zero percent on remand in a case on the administrative review of the AD order on circular welded carbon steel pipes and tubes from Thailand for the 2018-19 review period. The case was remanded after the Court of International Trade said Commerce failed to notify Saha Thai of supposed deficiencies in its submissions (see 2212020060) (PT. Saha Thai Steel Pipe Public Co. v. United States, CIT # 21-00049).
Importers Wego and Galleher didn't waive or forfeit their arguments against the Commerce Department's separate antidumping duty rate calculated in the administrative review of the antidumping duty order on multilayered wood flooring from China for the 2016-17 review period, the importers argued in a July 31 reply brief at the U.S. Court of Appeals for the Federal Circuit (Galleher Corp. v. U.S., Fed. Cir. # 25-1196).
The Commerce Department abused its discretion in rejecting exporter Jindal Poly Films' affiliate questionnaire response as untimely in the administrative review of the countervailing duty order on polyethylene terephthalate film, sheet and strip from India for the 2021 review period, the Court of International Trade held on Aug. 1. Judge Mark Barnett said Commerce failed to consider other factors in rejecting the submission, including the "early stage of the proceeding," the fact that Jindal was selected only after requests for review of all other companies were withdrawn and whether accuracy considerations outweighed the burden on Commerce.