The U.S. Court of Appeals for the Federal Circuit on Jan. 16 denied exporter Koehler Oberkirch's petition for writ of mandamus, which sought to have the appellate court review the Court of International Trade's decision that the government could effect service on the company via its U.S. counsel. Judges Timothy Dyk, Tiffany Cunningham and Leonard Stark said Koehler failed to meet the "demanding standard" for granting mandamus relief (In Re Koehler Oberkirch, Fed. Cir. # 25-106).
Court of Federal Appeals Trade activity
The U.S. Court of Appeals for the Federal Circuit last week heard oral argument on whether the Commerce Department erred in using adverse facts available against exporter Tau-Ken Temir in a countervailing duty review due to the company's failure to meet filing deadlines. Judges Todd Hughes, Sharon Prost and Timothy Dyk sharply questioned counsel for both Tau-Ken Temir and the government regarding whether the exporter took best efforts to meet filing deadlines and whether the government acted reasonably in rejecting the submission that was filed two hours late (Tau-Ken Temir v. United States, Fed. Cir. # 22-2204).
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Nebraska resident Byungmin Chae will appeal to the U.S. Court of Appeals for the Federal Circuit his second lawsuit challenging his results of the April 2018 customs broker license exam, he said in a notice of appeal. The Court of International Trade dismissed the suit after finding that it was precluded by Chae's first case challenging the test (see 2411130013). Chae is seeking credit for one question on the exam to cross the threshold of 75% correct in order to qualify as a customs broker (Byungmin Chae v. United States, CIT # 24-00086).
The U.S. Court of Appeals for the Federal Circuit on Jan. 8 heard oral argument in the massive Section 301 litigation, primarily probing the litigants' positions regarding how to interpret the term "modify" in the statute and whether the statute allows the U.S. trade representative to impose duties in response to retaliatory measures from China (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The U.S. Court of Appeals for the Federal Circuit issued its mandate on Jan. 7 after rejecting Canadian lumber exporter J.D. Irving's attempt to challenge the denial of an antidumping duty cash deposit rate under Section 1581(i). The company recently petitioned the Supreme Court to hear the case (see 2501020026). CAFC dismissed the case after finding its true nature to be a challenge to a former AD rate received by J.D. Irving, making jurisdiction proper under Section 1581(c) (see 2410100042). In addition, the court said relief could be sought either before a binational panel or in an AD review (J.D. Irving v. United States, Fed. Cir. # 23-1652).
The U.S. Court of Appeals for the Federal Circuit on Jan. 7 clarified the standard Commerce must follow when determining how high it can set a review respondent’s antidumping duty rate based on adverse inferences. Rejecting a "single sentence" justification for an adverse facts available rate Commerce offered in the final results of a review, it held the department may not drastically depart from accuracy without establishing a "particularly strong need to deter noncompliance" based on record evidence showing unreasonable negligence or intentional misconduct.
The U.S. Court of Appeals for the Federal Circuit held Jan. 7 that the Commerce Department can't significantly depart from accuracy when setting adverse facts available rates without showing a "particularly strong need to deter noncompliance." Rejecting the department's single-sentence justification for a 154.33% AFA AD rate, it said Commerce was required to look to record evidence and evaluate "common factors" such as intent, recidivism or unreasonable carelessness when setting an unusually high rate.
The U.S. Court of Appeals for the Federal Circuit will be closed on Jan. 9 in observance of the national day of mourning for the late President Jimmy Carter, the court announced. Arguments scheduled for Jan. 9 will be rescheduled, the court said.
The U.S. Court of Appeals for the Federal Circuit on Dec. 31 denied Canadian lumber exporter J.D. Irving's bid for a full court rehearing of a three-judge panel's rejection of the company's attempt to challenge the denial of an antidumping duty cash deposit rate under Section 1581(i) (J.D. Irving v. United States, Fed. Cir. # 23-1652).