Plywood importer Interglobal Forest defended April 10 its attempt to have the Court of International Trade take judicial notice of three items from other proceedings: a stipulated judgment, a motion for entry of confession of judgment and a discovery response (American Pacific Plywood v. United States, CIT Consol. # 20-03914).
The Court of International Trade on April 16 held that it doesn't have jurisdiction under Section 1581(c) to hear claims from a group of importers that the Commerce Department failed to find a changed circumstance or open new shipper reviews in an antidumping duty investigation on Mexican tomatoes covering entries during 1995-96. Sustaining the agency's investigation results on remand, Judge Jennifer Choe-Groves also held that the intervenors don't have standing to sue, since their claims aren't related to those of the other parties with standing.
The Court of International Trade on April 17 sustained the Commerce Department's antidumping duty investigation on fresh tomatoes from Mexico, which was initially opened in 1996. After the agency calculated AD margins for the seven respondents from the original 1995-96 investigation period on remand, a group of intervenors, led by NS Brands, challenged Commerce's decision not to find a changed circumstance or initiate new shipper reviews for the intervenors. Judge Jennifer Choe-Groves dismissed the claims for lack of subject-matter jurisdiction, noting that they could have been brought under Section 1581(i), the court's "residual" jurisdiction, instead of under the plaintiffs' jurisdictional claim under Section 1581(c). The judge also found that the intervenors lacked standing to sue.
The Court of International Trade on April 15 denied importer Under the Weather's motion for leave to amend its complaint to add a claim regarding CBP's prior tariff treatment of its imported pop-up tent "pods." Judge Timothy Reif said the proposed amended complaint "was filed after undue delay and is futile."
In April 8 oral argument involving a large number of parties, Court of International Trade Judge Jane Restani said she thinks she knows how she’ll rule on a petitioner’s Tier 2 price benchmark question about whether Kazakh natural gas export prices are available to Russian purchasers (Archer Daniels Midland Co. v. United States, CIT # 23-00239).
The Judicial Council of the Seventh Circuit dropped a misconduct complaint against Court of International Trade Judge Stephen Vaden on April 8 concerning a letter Vaden signed pledging not to hire any law clerks from Columbia Law School due to the university's response to student protests of Israel. The judicial council said Vaden did not violate Rule 4(a) of the Judicial-Conduct Rules.
Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) filed three reply briefs in a trio of related cases at the U.S. Court of Appeals for the Federal Circuit, all of which are looking to get the International Trade Commission to account for litigation excluding respondent Colakoglu from the antidumping duty order on hot-rolled steel from Turkey in its assessment of whether the U.S. industry was injured (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, Fed. Cir. #s 24-2242, -2243, -2249).
Importer Scioto Valley Woodworking opposed April 2 a Commerce Department finding on remand (see 2501310016) that it had evaded antidumping and countervailing duties (American Kitchen Cabinet Alliance v. United States, CIT # 23-00140).
Russian national Oleg Patsulya was sentenced April 2 to nearly six years in prison for his role in a conspiracy to ship controlled aviation technology to Russia in violation of U.S. export laws and to launder money in connection with the scheme, DOJ announced.
The U.S. pushed back April 2 against a petitioner’s motion -- with a defendant-intervenor exporter’s consent -- to stay a challenge to the countervailing duty order review of Indian-origin pneumatic off-the-road tires (Titan Tire Corp. v. United States, CIT # 24-00207).