The U.S. Court of Appeals for the Federal Circuit on Dec. 16 issued its mandate in a customs suit on the classification of importer Shamrock Building Materials' steel tubing with insulating material (Shamrock Building Materials v. United States, Fed. Cir. # 23-1648).
Court of Federal Appeals Trade activity
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 Commerce Department ignored court precedent when it found magnesia carbon bricks from China that contained alumina were subject to antidumping and countervailing duties, the Court of International Trade said in a decision issued Dec. 12.
A three-judge panel at the U.S. Court of Appeals for the Federal Circuit told the Court of International Trade that it has now twice wrongly told an importer that its first-sale price method to determine the duty level of its cookware was prohibited.
The Commerce Department has the inherent authority to set procedural requirements in its antidumping duty and countervailing duty proceedings, making its revocation of certain AD orders lawful given that no interested domestic party filed a notice of intent to participate in sunset reviews on the orders, the agency said. Filing its opening brief at the U.S. Court of Appeals for the Federal Circuit on Dec. 11, Commerce said the Court of International Trade's rejection of its action usurped the department's clear authority to fix its own procedures (Archroma U.S. v. U.S., Fed. Cir. # 24-2159).
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.
U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman made her opening claims in a suit against her colleagues' investigation into her fitness to continue serving on the bench. In addition, Newman moved to unseal certain documents used in her brief, claiming that her colleagues on the court "threatened her and her attorneys with unspecified sanctions if any portion of the documents" were made public (Hon. Pauline Newman v. Hon. Kimberly Moore, D.C. Cir. # 23-01334).
In a Dec. 3 motion for judgment before the Court of International Trade, domestic producer Edsal Manufacturing again (see 2407120060) said that the Commerce Department should have used the more comparable surrogate it suggested in an antidumping duty investigation on boltless steel shelves from Thailand (Edsal Manufacturing Co. v. U.S., CIT # 24-00108).
The government's cause of action against a surety runs from the date the surety breached the demand for payment on a customs bond and not from the date of liquidation, or deemed liquidation, of the underlying entries covered by the bond, the U.S. argued. Filing a cross-motion for judgment at the Court of International Trade on Dec. 9, the U.S. said it timely filed its case because the suit was brought within six years from the date surety firm Aegis Security Insurance Co. was delinquent on an over $100,000 bill for unpaid duties (United States v. Aegis Security Insurance Co., CIT # 22-00327).
The Commerce Department didn't properly explain its approach to its surrogate financial ratio calculation in the 2016-17 review of the antidumping duty order on solar cells from China, the U.S. Court of Appeals for the Federal Circuit held on Dec. 9. Judges Timothy Dyk and Kara Stoll said Commerce failed to provide an "adequate explanation" regarding its treatment of overhead costs in coming up with the surrogate financial ratio.