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).

The Court of International Trade on Jan. 5 issued a confidential opinion sustaining the sixth antidumping duty review on steel nails from Oman. Oman Fasteners brought suit to contest the Commerce Department's use of adverse facts available against the exporter for supposedly failing to submit all of its responses to Commerce's supplemental questionnaire by the deadline (Oman Fasteners v. U.S., CIT # 22-00348).

The U.S. swapped its principal counsel in an antidumping and countervailing duty scope case at the U.S. Court of Appeals for the Federal Circuit concerning importer Siffron's plastic shelf dividers. In a notice of substitution Jan. 3, the government said Christopher Berridge, DOJ trial attorney in the Commercial Litigation Branch, will replace Daniel Roland. In the case, the Court of International Trade sustained the Commerce Department's exclusion of Siffron's dividers from the AD/CVD orders on raw flexible magnets from China (see 2309260049) (Magnum Magnetics Corp. v. United States, Fed. Cir. # 24-1164).

The U.S. opposed importer 3BTech's motion to amend the scheduling order in a customs case, arguing that the company failed to show good cause for the amount of time requested.

The following lawsuit was filed recently at the Court of International Trade:

The U.S. said it hasn't made a decision on whether to proceed with an appeal of a case brought by exporter Jilin Forest Industry Jinqiao Flooring Group on the administrative review of the antidumping duty order on multilayered wood flooring from China, it said in a third extension request for the filing of its opening brief at the U.S. Court of Appeals for the Federal Circuit. The government said its notice of appeal was "protective," and it needs more time to "complete and finalize" the process for determining whether to "authorize" the appeal (Jilin Forest Industry Jinqiao Flooring Group v. U.S., Fed. Cir. # 23-2245).

DOJ and steel importer NLMK Pennsylvania are awaiting word from the U.S. "settlement authority" regarding NLMK's Section 232 steel and aluminum tariff exclusion case after the parties agreed to a settlement in principle, they said Jan. 2. The Court of International Trade gave the government and NLMK another stay in the case, granting them 30 additional days to file another status report (NLMK Pennsylvania v. United States, CIT # 21-00507).