Antidumping petitioner Mid Continent Steel & Wire will appeal a January Court of International Trade decision sustaining the sixth AD review of steel nails from Oman in which the Commerce Department dropped its use of adverse facts available against exporter Oman Fasteners (see 2401050018). As stated in a notice of appeal, the petitioner will take the case to the U.S. Court of Appeals for the Federal Circuit. The notice of appeal was filed before a public version of the trade court's decision was released (Oman Fasteners v. U.S., CIT # 22-00348).
Parties in a case on the 2020 countervailing duty review on steel concrete reinforcing bar from Turkey disagreed on the impact of the Court of International Trade's ruling in a separate suit concerning the 2018 review of the same CVD order. Filing a joint status report to the trade court on Jan. 8, the U.S. and exporter Kaptan Demir Celik Endustrisi ve Ticaret said no consensus has been reached and "none of the parties have changed their position," though Kaptan said the court's decision "dictates the outcome of this proceeding given virtually identical facts" (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 22-00149).
The Commerce Department was wrong to equate captive power industries and utilities in its determination that an Indian aluminum exporter had received coal for less-than-adequate remuneration, the exporter said Jan. 5 in the Court of International Trade (Hindalco Industries Limited v. U.S., CIT # 23-00260)
CBP incorrectly claims it liquidated an entry of tire cord quality wire rods prior to telling the importer multiple times that the entry was suspended, Kiswire said Jan. 5 at the Court of International Trade (Kiswire Inc. v. U.S., CIT #22-00181).
The U.S. and importer SGS Sports submitted a stipulation of facts and joint motion for the entry of a judgment in a customs case on the classification of reimported swimsuits, avoiding a bench trial over whether the swimsuits qualify for Harmonized Tariff Schedule subheading 9801.00.20 as U.S. goods returned (SGS Sports v. United States, CIT # 18-00128).
The Court of International Trade in a Jan. 8 text-only order denied Florida man Zhe "John" Liu's motion to amend the protective order in a customs penalty case against Liu and his company GL Paper Distribution. The U.S. said the motion was another attempt to get around the limits of discovery in a separate criminal proceeding against Liu (United States v. Zhe "John" Liu, CIT # 22-00215).
The following lawsuits were filed recently at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Jan. 5 granted a motion to dismiss an appeal of a countervailing duty suit from the U.S. and petitioner Nucor Corp. The court lifted the stay in the case and dismissed the case after also considering the "non-participation" of exporters POSCO and Hyundai Steel Co. and the South Korean government (POSCO v. U.S., Fed. Cir. # 22-1576).
The U.S. opposed Florida man Zhe "John" Liu's motion to amend the protective order in a customs penalty suit seemingly to allow Liu to review documents produced by the U.S. The government said the protective order doesn't need to be amended since it supplies the defendant with the "full ability to review the materials provided to him in discovery," adding that Liu "conjures a dilemma where none exists" and his reasoning appears to be pretextual for gaining evidence he isn't entitled to "under the governing criminal discovery rules" (U.S. v. Zhe "John" Liu, CIT # 22-00215).
The Commerce Department shouldn't have rejected a ministerial error comment submitted by The Ancientree Cabinet Co. that pointed out an incorrect dumping margin calculated by the agency, Ancientree said Jan. 5. The company called Commerce’s rejection “arbitrary and an abuse of discretion” (The Ancientree Cabinet Co. v. United States, CIT # 23-00262).