The U.S. and domestic producer Ecker Textiles this week defended the Court of International Trade’s ruling that an importer’s canvas banner matisse was covered by an antidumping duty order on artist canvas. They disagreed that the order was void for vagueness, saying at the U.S. Court of Appeals for the Federal Circuit that the importer was trying to argue the order only covers the exact products made by domestic industries (Printing Textiles v. United States, Fed. Cir. # 25-1213).
Judges at the U.S. Court of Appeals for the Federal Circuit on May 7 questioned both exporter AG der Dillinger Huttenwerke and the U.S. regarding the exporter's proposed quality code for sour service pressure vessel plate and the Commerce Department's use of Dillinger's sales price as the cost of production for non-prime steel plate. Judges Jimmie Reyna, Timothy Dyk and Alan Lourie's questions regarding the non-prime plate centered on whether the issue was foreclosed by the CAFC's previous holding in Dillinger France v. U.S. (AG der Dillinger Huttenwerke v. United States, Fed. Cir. # 24-1498).
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Andrew Dhuey, a patent attorney and court-appointed amicus, defended Court of International Trade Judge Stephen Vaden's decision not to redact information deemed confidential by the International Trade Commission in one of his decisions before the U.S. Court of Appeals for the Federal Circuit. In an April 28 brief, Dhuey argued that 19 U.S.C. 1516a(b)(2)(B) explicitly gave Vaden discretion to disclose the contested materials (In Re United States, Fed. Cir. # 24-1566).
The International Trade Commission defended its bid for mandamus relief at the U.S. Court of Appeals for the Federal Circuit regarding the Court of International Trade's ruling striking down the commission's practice of automatically redacting questionnaire responses in injury proceedings. The ITC said that it has standing to vie for mandamus relief and that the trade court abused its discretion in undercutting the commission's policy regarding the submission of confidential information (In re United States, Fed. Cir. # 25-127).
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 cannot use the Cohen's d test to detect "masked" dumping when the "underlying data is not normally distributed, equally variable, and equally and sufficiently numerous," the U.S. Court of Appeals for the Federal Circuit held on April 22. Judges Sharon Prost, Richard Taranto and Raymond Chen said that it's "unreasonable" to use the test when it's applied to "data sets that do not satisfy the statistical assumptions."
The Court of International Trade on April 22 denied a group of five companies' application for a temporary restraining order against President Donald Trump's "reciprocal" tariffs imposed under the International Emergency Economic Powers Act. Judges Gary Katzmann, Timothy Reif and Jane Restani held that the companies "have not clearly shown a likelihood that immediate and irreparable harm would occur" before the court considers their motion for a preliminary injunction against the tariffs.
The Court of International Trade on April 19 denied a group of Canadian lumber exporters' bid to have the court explicitly state CBP's obligation to refund countervailing duty cash deposits established by the court in a previous decision. Judge Mark Barnett said the exporters haven't shown that there was any clerical or other mistake in the court's previous order and that "the equities do not favor granting" this requested relief.
The U.S. Court of Appeals for the Federal Circuit affirmed April 21 the Commerce Department’s decision to adjust wind tower exporter Dongkuk S&C Co.’s steel plate input costs based on fluctuations in the input’s price over time -- price fluctuations unrelated to the plate’s physical characteristics. The department isn’t limited to adjusting only the costs of the physical characteristics it has used to define CONNUMs, it said.