The U.S. Court of Appeals for the Federal Circuit on May 28 issued its mandate in a case on whether Australian antidumping duty respondent BlueScope Steel (AIS) reimbursed its affiliated U.S. importer, BlueScope Steel Americas, for AD. In the decision, the appellate court said AIS didn't reimburse its affiliate, ruling it would have been "unreasonable" for the exporter to include the AD in the price charged to the importer because the exporter itself wasn't responsible for the duties (see 2404040020). The case concerned the 2017-18 review of the AD order on hot-rolled steel flat products from Australia (U.S. Steel Corp. v. U.S., Fed. Cir. # 22-2078).
Exporters of stainless steel flanges from India are close to a settlement with the government to avoid a remand in a case involving an antidumping duty review in which the Commerce Department selected only one respondent (Kisaan Die Tech Private Limited v. U.S., CIT Consol. # 21-00512).
Worthington Industries, a domestic producer, was granted permission by the court to intervene as a defendant in a case regarding the antidumping duty review on steel propane cylinders from Thailand (Sahamitr Pressure Container v. U.S., CIT # 24-00064).
Petitioners and mattress exporters filed two motions for judgment in two similar cases, both challenging the results of the 2020-2022 antidumping duty review of mattresses from Indonesia. The exporters said that their constructed value had been miscalculated, while the petitioner argued that the exporters’ products were not mattress toppers and didn't fit under that exclusion (PT Ecos Jaya Indonesia v. U.S., CIT # 24-00001; Brooklyn Bedding v. U.S., CIT # 24-00002).
The U.S. on May 24 pushed back against a petitioner’s claim that the Commerce Department allowed an exporter too much leeway in the first antidumping duty review of forged steel fluid end blocks from Italy (Ellwood City Forge Co. v. U.S., CIT # 23-00191).
A hardwood plywood importer sought dismissal of its case in the Court of International Trade after winning a similar one April 8 (Liberty Woods International Inc. v. U.S., CIT # 20-00143).
In a 2022 case brought against both CBP and the Office of the U.S. Trade Representative, plaintiff Curia Global Inc., a drug development company, once again amended its complaint to remove one of its family companies, Curia Wisconsin, because “the entity is in the process of changing ownership and no longer wishes to join in this action" (Curia Global Inc. v. U.S., CIT # 22-00247).
After Court of International Trade Judge Stephen Vaden questioned the International Trade Commission in an oral hearing for what he considered to be over-redaction of a petitioner’s record information (see 2404010066), that petitioner supported the ITC’s decision in a brief May 22 (OCP v. U.S., CIT Consol. # 21-00219).
CBP “without explanation” reclassified imported nitrile rubber gloves as non-medical gloves and subjected them to a 3% duty rate, despite the gloves meeting all FDA requirements for medical gloves, their importer said in a complaint filed at the Court of International Trade May 22 (SW Technologies v. U.S., CIT # 23-00119).
A tire importer that alleges that CBP illegally liquidated its entries before the end of litigation regarding those entries opposed, in a May 22 brief, the government’s motion to dismiss its case. The trade court asked the importer to answer whether the court has jurisdiction “to review the denial of a protest if the basis for the denial" is orders by the Commerce Department (see 2405070052) (Acquisition 362 v. U.S., CIT # 24-00011).