The U.S. Court of Appeals for the Federal Circuit on March 20 granted Indian exporter Kumar Industries' motion to voluntarily dismiss its appeal of an antidumping duty case. Kumar had appealed a decision sustaining the Commerce Department's assignment of a 13.61% adverse facts available AD rate to the exporter based on its "inadequate explanations" regarding one of its partners' ownership interests in two unnamed companies (see 2311270005). The rate came as part of the first review of the AD order on glycine from India, which found that Kumar prevented Commerce from conducting a proper affiliate analysis. Kumar withdrew the appeal last month, saying it "elected not to further pursue its appeal" (see 2402260033) (Kumar Industries v. United States, Fed. Cir. # 24-1293).
Court of Federal Appeals Trade activity
The U.S. defended the Commerce Department before the U.S. Court of Appeals for the Federal Circuit on March 18 regarding a number of decisions it made during its 13th administrative review of the antidumping duty order on activated carbon from China, including its selection of two Malaysian exporters as surrogates over a respondent’s opposition (Carbon Activated Tianjin Co., Ltd. v. U.S., Fed. Cir. # 23-2413).
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Christopher Curran, litigation partner at White & Case, has joined a scope case at the U.S. Court of Appeals for the Federal Circuit on behalf of Japanese exporter Sigma Corp., according to a March 18 order from the appellate court. The suit was originally brought by manufacturer Vandewater International on whether its steel branch outlets fall within the scope of the antidumping duty order on butt-weld pipe fittings from China (see 2306020065). Curran joins trade lawyers Lucius Lau, Ron Kendler and Walter Spak in representing Sigma (Vandewater International v. U.S., Fed. Cir. # 23-1093).
Parties in Judge Pauline Newman's suit against her colleagues' investigation into her fitness to continue serving on the U.S. Court of Appeals for the Federal Circuit released a briefing schedule on March 14 at the U.S. District Court for the District of Columbia. Newman will submit her response to her colleagues' motion for judgment on the pleadings on April 5, and the three CAFC judges will file their reply April 19. Judges Kimberly Moore, Sharon Prost and Richard Taranto submitted their motion for judgment last week, arguing that Newman's constitutional claims fell flat (see 2403110054) (Hon. Pauline Newman v. Hon. Kimberly Moore, D.D.C. # 23-01334).
Indian exporter Kumar Industries and the U.S. agreed that each should bear its own costs after Kumar withdrew its appeal at the U.S. Court of Appeals for the Federal Circuit in an antidumping duty case (Kumar Industries v. United States, Fed. Cir. # 24-1293).
The Commerce Department on March 12 said that on remand it treated exporter Tokyo Steel Manufacturing Co. as a mandatory respondent in the 2020-21 review of the antidumping duty order on hot-rolled steel flat products from Japan, assigning the company a 5.2% AD rate. The agency asked for the remand so it could grant the exporter mandatory respondent status following a U.S. Court of Appeals for the Federal Circuit decision that said Commerce must use more than one mandatory respondent where multiple companies request review (see 2208290026) (Optima Steel International v. U.S., CIT # 23-00108).
The Court of International Trade on March 11 granted importer Magid Glove & Safety Manufacturing Co.'s motion to voluntarily dismiss 12 of its customs suits. The voluntary dismissal bid comes after the importer lost a U.S. Court of Appeals for the Federal Circuit case on the classification of its textile gloves with a plastic coating on the palm and fingers (see 2312060028). The appellate court said the gloves are classified as gloves under Harmonized Tariff Schedule heading 6116, not as articles of plastics under heading 3926 (Magid Glove & Safety Manufacturing Co v. U.S., CIT # 16-00036, -00040, -00044, -00149, -00151, -00152, -00153, -00166, 17-00001, -00003, -00004 and -00098).
The government was right to say that a Chinese brick importer’s magnesia alumina graphite bricks were subject to antidumping and countervailing duties on magnesia carbon bricks from China, a petitioner argued in a case regarding the quantity of alumina needed to exempt magnesia alumina graphite bricks from duties (Fedmet Resources v. U.S., CIT # 23-00117).
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.