After four remands in the Court of International Trade (see 2312210054), a German exporter of steel used to transport corrosive materials filed its opening bid with the U.S. Court of Appeals for the Federal Circuit on June 21. The company, AG der Dillinger Huttenwerke, claimed the Commerce Department wrongly used one of its products’ selling prices as a substitute for its costs of production, which amounts to “circular reasoning" (AG Der Dillinger Huttenwerke v. U.S., Fed. Cir. # 24-1498).
An exporter of vehicle side bars said the U.S. is wrongly relying on a U.S. Court of Appeals for the Federal Circuit patent case to convince the trade court to rule against that exporter (Keystone Automotive Operations v. U.S., CIT # 21-00215).
Antidumping duty petitioner Mid Continent Steel & Wire urged the U.S. Court of Appeals for the Federal Circuit to reject exporter Oman Fasteners' notice of supplemental authority regarding a Court of International Trade ruling on the Commerce Department's filing deadlines (Oman Fasteners v. U.S., Fed. Cir. # 23-1661).
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Judges on the U.S. Court of Appeals for the Federal Circuit heard arguments June 6 in a lumber exporter's case. The exporter is challenging its 2020 cash deposit rate set by a 2019 review after the Commerce Department previously ordered liquidation of its 2019 entries at a lower rate carried over from 2018 (J.D. Irving v. U.S., Fed. Cir. # 23-1652).
The Court of International Trade was wrong to rule that imported calendar planners should be classified by CBP as diaries instead of calendars, the importer said in its opening brief to the U.S. Court of Appeals for the Federal Circuit on May 24 (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
Chinese truck and bus tire exporters subject to a nearly 5-year-old administrative review that was delayed by an ongoing court challenge should still have kept their records while the litigation played out (see 2402060054), Judge Mark Barnett said during oral argument in the case. During the review, the Commerce Department removed separate rate status for four exporters who refused to serve as mandatory respondents because they said they hadn’t kept the necessary records (YC Rubber Co. (North America) v. U.S., CIT # 19-00069).
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 U.S. told the U.S. Court of Appeals for the Federal Circuit that the principle of stare decisis requires the appellate court to sustain the legality of the Commerce Department's non-market economy policy (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).
The U.S. Court of Appeals for the Federal Circuit on May 15 reversed a Court of International Trade decision sustaining the exclusion of dual-stenciled pipe from the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. The AD order's scope language included standard pipe but excluded line pipe, and exporter Saha Thai Steel Pipe Public Co.'s dual-stenciled pipes fit the industry specifications for both line and standard pipe. CAFC Judges Alan Lourie and Jimmie Reyna said that meeting an additional specification doesn't "strip away the qualification of these pipes as standard pipes." The majority added that the (k)(1) materials support the inclusion of dual-stenciled pipes under the order's scope. Judge Raymond Chen dissented, finding that the plain scope language is ambiguous as to whether it includes dual-stenciled pipe, and saying that the (k)(1) factors support exclusion of the dual-stenciled pipe.