The U.S. Court of Appeals for the Federal Circuit on Dec. 31 denied Canadian lumber exporter J.D. Irving's bid for a full court rehearing of a three-judge panel's rejection of the company's attempt to challenge the denial of an antidumping duty cash deposit rate under Section 1581(i) (J.D. Irving v. United States, Fed. Cir. # 23-1652).
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Exporter Saha Thai Steel Pipe Public Co. petitioned the U.S. Supreme Court earlier this month to hear its antidumping duty scope case. The petition cast the lower court's decision sustaining the inclusion of its production in the scope of the AD order on circular welded carbon steel pipes and tubes from Thailand as a failure to apply the high court's recent decision in Loper Bright Enterprises v. Raimondo, which eliminated the principle of deferring to agencies' interpretations of ambiguous statutes (Saha Thai Steel Pipe Public Co. v. Wheatland Tube Co., Sup. Ct. 24-696).
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The U.S. Court of Appeals for the Federal Circuit will be closed on Dec. 24 and 25, the court announced. The court said Dec. 24 will be considered a "legal holiday" for purposes of time computation and motions to enlarge time under CAFC Rule 26.
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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).
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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).