All of Judge Pauline Newman's claims against her colleagues on the U.S. Court of Appeals for the Federal Circuit's investigation of her fitness to continue serving on the bench are "straightforwardly dismissed," judges Kimberly Moore, Sharon Prost and Richard Taranto said in a reply brief supporting their motion to dismiss the case (Hon. Pauline Newman v. Hon Kimberly Moore, D.D.C. # 23-01334).
Court of Federal Appeals Trade activity
The Court of International Trade properly said that importer Nature's Touch Frozen Foods frozen fruit mixture entries are classified under Harmonized Tariff Schedule subheading 0811.90.80 as "Fruit ... frozen," the U.S. told the U.S. Court of Appeals for the Federal Circuit in a Nov. 21 reply brief. The trade court "committed no legal error in interpreting" the terms "fruit," "other" and "food preparations" since the terms are defined by "dictionaries, Explanatory Notes, and legal standards" set by the Federal Circuit and other courts, the government said (Nature's Touch Frozen Foods (West) v. United States, Fed. Cir. # 23-2093).
The U.S. Court of Appeals for the Federal Circuit "unequivocally held" that the Commerce Department could deduct Section 232 national security duties from U.S. price in antidumping duty cases, the U.S. argued in a Nov. 17 supplemental brief at the Court of International Trade.
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 create a "learning center" with the goal of educating local public school students at the court, Chief Judge Kimbelry Moore announced Nov. 20 at the Federal Circuit Bar Association's 2023 Annual Dinner & Reception. The center is expected to open in September 2024 and will feature tours of the courtroom's "historic spaces" along with interactive education programming centering on "the intersection between law and technology." The center will focus on combining "civic education, the judiciary, and STEM" and cap off a multiyear renovation of the National Courts complex, the court said.
The U.S. added two attorneys to its litigation team in the massive Section 301 case at the U.S. Court of Appeals for the Federal Circuit. Filing an amended notice of appearance on Nov. 20, the government tacked on Melissa Patterson and Joshua Koppel -- two attorneys in DOJ's Civil Appellate Division -- to the appellee team for the U.S. (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The Court of International Trade in a Nov. 20 opinion granted the motion from a group of Canadian exporters to reinstate their exclusion from the countervailing duty order on softwood lumber from Canada after the U.S. Court of Appeals for the Federal Circuit reversed a CIT ruling that overturned an expedited review that excluded them from the duties. The court also made the exclusion of the exporters effective back to August 2021, when the companies were first subjected to the order.
The Court of International Trade in a Nov. 20 opinion granted a group of Canadian exporters' motion to reinstate their exclusion from the countervailing duty order on softwood lumber from Canada after the U.S. Court of Appeals for the Federal Circuit reversed a CIT ruling subjecting the companies to the order. Judge Mark Barnett said that while the second clause of Rule 60(b)(5) was not the proper basis for granting this request, the rule's third clause was, since the enforcement of the court's previous order subjecting the companies to CVD cash deposits is no longer equitable. The court also made the exclusion of the exporters effective going back to August 2021, when Barnett first subjected the companies to the order.
The U.S. Court of Appeals for the Federal Circuit gave exporter SeAH Steel Corp. more time to file its reply brief in the lead case on the Commerce Department's use of the Cohen's d test when rooting out "masked" dumping. The exporter now has until Jan. 8, 2024, to file its brief (Stupp Corp. v. United States, Fed. Cir. # 23-1663).
The U.S. said the U.S. Court of Appeals for the Federal Circuit should reject requests from exporters Guizhou Tyre and Aeolus Tyre to waive the requirement that they file a joint brief in an antidumping duty case or, alternatively, sever the two companies' proceedings. The government said in its Nov. 16 brief that due to the "substantial overlap in the exporters' cases, dividing the record and requiring two briefs would be "inefficient" (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2163).