The U.S. Court of Appeals for the Federal Circuit on July 9 unsealed a May 29 order compelling Judge Pauline Newman to show cause for why she shouldn't continue to be subject to a suspension from hearing new cases in light of her continued refusal to cooperate with her colleagues' investigation of her fitness to continue serving on the bench. The suspension is set to expire in September.
The U.S. District Court for the District of Columbia on July 9 dismissed the remaining claims U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman brought against three of her colleagues for their investigation into her fitness to continue serving on the bench (Hon. Pauline Newman v. Hon. Kimberly Moore, D.D.C. # 23-01334).
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The U.S. told the U.S. Court of Appeals for the Federal Circuit July 8 that its decision not to appear in an antidumping and countervailing duty scope case "has no effect on the Court's standard of review." Filing a supplemental brief as an amicus at the invitation of the court, the government said its decision not to join the appeal "merely reflects its reasoned consideration not to pursue the appellate process" (Worldwide Door Components v. U.S., Fed. Cir. # 23-1532) (Columbia Aluminum Products v. U.S., Fed. Cir. # 23-1534).
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 government is attempting to argue that it has the discretion to decide what antidumping and countervailing duty orders mean regardless of those orders’ plain language, pipe fitting petitioners argued July 1 (NORCA Industrial Company, LLC v. U.S., CIT Consol. # 23-00231).
The Court of International Trade on June 21 granted a group of Spanish olive growers' motion to dismiss five of its cases on various reviews of the countervailing duty order on ripe olives from Spain. The dismissals come after the U.S. Court of Appeals for the Federal Circuit rejected a challenge from the olive exporters regarding the Commerce Department's determination on whether demand for a processed agricultural product is "substantially dependent" on its raw upstream iteration for purposes of assigning countervailing duties (see 2405200045). CAFC said the trade court was wrong to impose a 50% threshold in determining substantial dependence (Asociacion de Exportadores e Industriales de Aceitunas de Mesa v. United States, CIT # 24-00078, 23-00076, 23-00039, 22-00106, 21-00338).
The U.S. and importer Fedmet Resources filed dueling briefs at the Court of International Trade discussing the impact of a recent U.S. Court of Appeals for the Federal Circuit decision in an antidumping scope case, Saha Thai Steel Pipe Public Co. v. U.S.
The U.S. Court of Appeals for the Federal Circuit in a June 27 per curiam order required litigants in an antidumping and countervailing duty scope case to file supplemental briefs (Worldwide Door Components v. U.S., Fed. Cir. # 23-1532) (Columbia Aluminum Products v. U.S., Fed. Cir. # 23-1534).
The Court of International Trade sustained the Commerce Department's decision to pick a secondary mandatory respondent in an antidumping review despite temporal limits on the selection process. However, Judge Mark Barnett sent back the agency's methodology for picking the respondent due to its failure to explain its removal of Shandong Linglong Tyre Co. from the list of eligible exporters.