Canadian lumber exporter J.D. Irving urged the U.S. Court of Appeals for the Federal Circuit to reconsider its rejection of the company's attempt to challenge the denial of an antidumping duty cash deposit rate under Section 1581(i), the Court of International Trade's "residual" jurisdiction. Filing a petition for panel rehearing and rehearing en banc, J.D. Irving said the appellate court's decision is "grounded on a fundamental misunderstanding of the law and fact" related to its claim (J.D. Irving v. United States, Fed. Cir. # 23-1652).
Court of Federal Appeals Trade activity
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The U.S. Court of Appeals for the Federal Circuit scheduled oral argument for the massive litigation involving thousands of companies against the lists 3 and 4A Section 301 China tariffs. The argument will be held Jan. 8 at 10 a.m. EST in Courtroom 203 (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The U.S. Court of Appeals for the Federal Circuit on Nov. 20 advised attorneys to be aware of fake CM/ECF notices of electronic filing and notices of docket activity that are being sent to attorneys and law firms. The court said there has been "nationwide reporting" of these fake notices, which are phishing attempts meant to trick the recipients into replying to the email, where they are directed to a malicious website. The court said users should "validate cases and case documentation only through CM/ECF, and never download any attachments or click any links from unofficial or questionable sources."
Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) filed a trio of opening briefs in its three concurrent appeals at the U.S. Court of Appeals for the Federal Circuit, all of which are seeking to account for the exclusion of exporter Colakoglu from the antidumping duty order on hot-rolled steel from Turkey in the International Trade Commission's five-year sunset review of the order.
The U.S. Court of Appeals for the Federal Circuit on Nov. 19 adopted amendments to its practice rules and notes and attorney discipline rules, the court announced. The changes will take effect Dec. 1 and will apply to "all cases filed order pending on or after" Dec. 1, unless otherwise ordered, the court said.
Responding to tapered roller bearing exporters’ August motion for judgment that cited Loper Bright to challenge the Commerce Department’s use of Cohen’s d test in administrative reviews, the U.S. said Nov. 14 that the department still exercises significant discretion in antidumping and countervailing duty matters (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The U.S. Court of Appeals for the Federal Circuit will sit in North Carolina for part of its February session, the court announced. On Feb. 4, the court will sit at the University of North Carolina School of Law in Chapel Hill. On Feb. 5, the court will sit at Duke University School of Law in Durham, and on Feb. 6, the court will sit at North Carolina Central University School of Law, Durham. The court said the effort is part of its "nationwide jurisdiction and statutory requirement" to provide "reasonable opportunities to citizens to appear before the court." The case list for each sitting hasn't been released.
In support of the results after remand of an antidumping duty review on welded carbon-quality steel from the United Arab Emirates (see 2409240022), defendant-intervenors said the Commerce Department’s use of inter-quarter comparisons in a differential pricing analysis but same-quarter comparisons in a margin calculation was reasonable because the contexts are different (Universal Tube and Plastic Industries v. U.S., CIT # 23-00113).