Exporter Oman Fasteners on Oct. 18 urged the U.S. Court of Appeals for the Federal Circuit to reschedule oral argument in its antidumping duty appeal that is currently set for Nov. 7. Counsel for the exporter said an "unforeseeable scheduling conflict arose that will make it exceedingly difficult" for the company to argue the case on that date (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
The U.S. Court of Appeals for the Federal Circuit gave notice to the U.S. on Oct. 15 that it has failed to respond to exporter La Molisana's notice of oral argument in a case on the 2018-19 review of the antidumping duty order on pasta from Italy. Failure to file this document "may result in dismissal or other action as deemed appropriate by the court," CAFC said in the text order (La Molisana v. United States, CIT # 23-2060).
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The U.S. Court of Appeals for the Federal Circuit on Oct. 11 issued its mandate in an appeal of a case on the countervailing duty investigation on Russian phosphate fertilizers brought by exporters Phosagro PJSC and JSC Apatit. The appeal was previously dismissed by CAFC for failure to prosecute (see 2408200028). A separate appeal of the case from exporter Industrial Group Phosphorite continues at the court, with the company claiming that the Commerce Department contradicted the CVD statute in finding that the Russian government's provision of natural gas was de facto specific (see 2408080058) (The Mosaic Co. v. United States, Fed. Cir. # 24-1595).
The United States and an importer of a wearable blanket, similar to a Snuggie, again traded briefs Oct. 10 regarding admissibility of evidence; this time, they specifically covered the issue of whether a CBP employee could testify at an upcoming bench trial (Cozy Comfort Co. v. United States, CIT # 22-00173).
The U.S. Court of Appeals for the Federal Circuit on Oct. 10 rejected a Canadian lumber exporter’s attempt to challenge the denial of a cash deposit rate under 28 U.S.C. 1581(i), saying the exporter was attempting "to use § 1581(i) to make an end run around the binational panel’s exclusive review."
The U.S. Supreme Court on Sept. 30 granted exporter Saha Thai Steel Pipe Public Co.'s application for more time to file a petition for a writ of certiorari in an antidumping duty scope case. The high court sent the U.S. Court of Appeals for the Federal Circuit a letter notifying the court of the extension on Oct. 7 (Saha Thai Steel Pipe Public Co. v. United States, Fed. Cir. # 22-2181).
The Court of International Trade on Oct. 7 denied importer Interglobal Forest's application for attorney's fees in its suit challenging CBP's affirmative finding of evasion of the antidumping and countervailing duty orders on hardwood plywood from China. Judge Mark Barnett said that Interglobal wasn't a "prevailing party" in the action because the evasion determination was reversed without admitting to an agency error and only after the Commerce Department reversed its scope finding after separate legal action at the trade court.
The U.S. Court of Appeals for the Federal Circuit on Oct. 7 issued its mandate in a case on the 2015-16 administrative review of the antidumping duty order on steel nails from Taiwan (see 2408150020). In August, CAFC sustained the Commerce Department's use of adverse facts available against exporter Unicatch Industrial Co. for failing to submit adequate cost reconciliation information in the review. The court said Unicatch failed to act to the best of its ability in failing to correct the reconciliation information (Pro-Team Coil Nail Enterprise v. United States, Fed. Cir. # 22-2241).
Plaintiffs in a case regarding the countervailability of three debt-to-equity swaps filed a brief Oct. 7 in support of the Commerce Department’s reluctant reversal on remand (see 2407030073). The department found those swaps weren't countervailable, because it hadn't countervailed them in three prior reviews either (KG Dongbu Steel Co. v. United States, CIT # 22-00047).