A panel of attorneys for importers, domestic petitioners and the government discussed March 13 topics that included the consequences -- or lack thereof -- Loper Bright might have on scope ruling litigation.
Judges at the U.S. Court of Appeals for the Federal Circuit last week questioned the Commerce Department's use of the Cohen's d test in identifying "masked" dumping in the lead case on the use of the test, which returned to the appellate court after its initial remand in 2023. Judges Alan Lourie, William Bryson and Leonard Stark asked counsel for exporter SeAH Steel Corp. if Commerce has a "lot of discretion" in how it uses the test, and they asked the government's attorney if the agency has discretion to use the test even if it's statistically unsound (Stupp Corp. v. United States, Fed. Cir. # 23-1663).
The term “butt-weld” is ambiguous, and the Commerce Department was right to find steel branch outlets are covered by an antidumping duty order on butt-weld pipe fittings from China, the U.S. Court of Appeals for the Federal Circuit ruled March 6.
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 issued its mandate in a case on the Commerce Department's selection of a surrogate financial statement in a review of the antidumping duty order on steel nails from Oman (Mid Continent Steel & Wire v. United States, Fed. Cir. # 23-1039).
CBP didn't need to refer the question of whether petitioner CP Kelco still made oilfield xanthan gum to the Commerce Department in an antidumping duty evasion case, the U.S. Court of Appeals for the Federal Circuit held on Feb. 27. Judges Kimberly Moore, Todd Hughes and Tiffany Cunningham said the evidence didn't support such a referral and, in any case, such a referral would only apply to future merchandise and not the goods subject to the evasion case.
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 on Feb. 20 allowed patent attorney Andrew Dhuey to appear as amicus curiae to defend Court of International Trade Judge Stephen Vaden's decision rejecting an unopposed motion to redact certain confidential information from the merits decision on an antidumping duty and countervailing duty injury determination. CAFC Judge Leonard Stark took up Dhuey on his offer, appointing him "in support" of the trade court's decision (In Re United States, Fed. Cir. # 24-1566).
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. said Feb. 7 that importer Mitsubishi’s catalyst blocks were actually filters, despite the importer’s arguments otherwise, and thus was properly classified under Harmonized Tariff Schedule heading 8421 and assessed Section 301 tariffs (Mitsubishi Power Americas v. United States, CIT # 21-00573).