Commerce misconstrued its own regulations when it ordered CBP to liquidate entries of Goodluck India's cold drawn mechanical tubing from India at a 33.7% adverse facts available antidumping duty rate derived from a subsequent court decision, rather than the zero percent rate that was actually in effect at the time of entry, the company said in a May 15 brief at the Court of International Trade (Goodluck India v. U.S., CIT # 22-00024).
The Court of International Trade should not again remand an antidumping duty investigation on forged steel fluid end blocks from Germany because respondent Ellwood City Forge failed to exhaust its administrative remedies regarding the margin program before it filed suit at CIT, intervenor Edelstahl Siegen said in its May 15 remand comments (Ellwood City Forge v. U.S., CIT # 21-00077).
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U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman filed suit in the U.S. District Court for the District of Columbia in a bid to stop CAFC Judge Kimberly Moore's investigation of Newman's fitness to continue serving on the court. Retaining the New Civil Liberties Alliance as counsel, Newman argued that the fitness proceedings constitute a violation of the separation of powers as spelled out in the U.S. Constitution (The Hon. Pauline Newman v. The Hon. Kimberly A. Moore, D.D.C. # 23-01334).
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A Court of International Trade decision on the classification of net wraps used for bailing hay was "fatally inconsistent" with the Federal Circuit's controlling precedent on the tariff definition of a part, RKW Klerks argued in a May 7 brief at the U.S. Court of Appeals for the Federal Circuit (RKW Klerks v. United States, Fed. Cir. # 23-1210).
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.
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.
DOJ said it recently discovered that it made inaccurate statements in a now-concluded case involving tobacco excise taxes for cigar wrappers, telling the U.S. Court of Appeals for the Federal Circuit in an April 21 motion that it said samples of the goods relied on in the case were from from a specific entry when they were not, and that it has only identified the source of six of the nine samples considered by the court (New Image Global v. U.S., Fed. Cir. # 19-2444).
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