Arguing in the U.S. Court of Appeals for the Federal Circuit on Oct. 3 that the Commerce Department was right to exclude its in-transit mattresses from its affiliated importer’s constructed export price, exporter PT. Zinus Global Indonesia said petitioners “overstate their case” that data anomalies rendered the department’s choice unreasonable (PT. Zinus Global Indonesia v. United States, Fed. Cir. # 25-1674).
The Commerce Department properly excluded seven types of bricks imported by Fedmet Resources Corp. from the scope of the antidumping duty and countervailing duty orders on magnesia carbon bricks from China on remand, the Court of International Trade held on Oct. 9. Judge M. Miller Baker said the conclusion comports with a 2014 U.S. Court of Appeals for the Federal Circuit decision, which led to the standard that the addition of any amount of alumina to a magnesia carbon brick excludes it from the orders.
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Judges at the U.S. Court of Appeals for the Federal Circuit pressed counsel for importer Blue Sky the Color of Imagination and the government during oral argument on Oct. 7 in the importer's customs classification suit on its notebooks with calendars. During the argument, Judges Alan Lourie, Raymond Chen and William Bryson grappled with whether the court is bound by its 2010 ruling in Mead v. U.S. and whether the goods are properly classified as calendars or diaries (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
The Commerce Department erred in using likely selling prices as facts otherwise available for antidumping duty respondent AG der Dillinger Huttenwerke's cost of production, the U.S. Court of Appeals for the Federal Circuit held on Oct. 6. Judges Alan Lourie, Timothy Dyk and Jimmie Reyna held that where there's a gap to fill on the record, "there must be a reasonable relationship between the selected facts otherwise available and the gap to be filled."
Andrew Dhuey, a patent attorney and court-appointed amicus, asked the U.S. Court of Appeals for the Federal Circuit this week for permission to take part in the oral argument in a case on former Court of International Trade Judge Stephen Vaden's decision not to redact information deemed confidential by the International Trade Commission. Dhuey noted that a motions panel at the CAFC previously said his right to participate in oral argument shall be decided by the merits panel, and that the now-assigned merits panel has yet to issue a decision on the amicus' right to take part in the hearing (In Re United States, Fed. Cir. # 24-1566).
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The case against the lists 3 and 4A tariffs is unlikely to be heard by the Supreme Court or the full U.S. Court of Appeals for the Federal Circuit, and the recent decision from the Federal Circuit upholding the tariffs likely gives the Trump administration greater confidence in using tariff authorities other than the International Emergency Economic Powers Act, various attorneys told us.
The Court of International Trade on Sept. 25 sustained CBP's finding that importer Blue Pipe Steel Center evaded the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. Judge Timothy Reif upheld CBP's decision to set the "effective date of the evasion determination" at the start date for the period of investigation rather than the date the Commerce Department found Blue Pipe's product to fall within the scope of the AD order.
The U.S. Court of Appeals for the Federal Circuit on Sept. 25 upheld the lists 3 and 4A Section 301 tariffs on China, finding them to be a valid exercise of authority under Section 307(a)(1)(C). CAFC Judges Todd Hughes and Alan Lourie, along with Eastern District of Texas Judge Rodney Gilstrap, sitting by designation, held that the statute's permission to "modify" Section 301 action where it's "no longer appropriate," allows the U.S. trade representative to ramp up the tariffs if the original action is "insufficient" to achieve its "stated purpose."