Responding to a request by the court, multiple parties filed four different briefs addressing the impact of Loper Bright on litigation regarding the use of a differential pricing analysis in a Canadian lumber review (Government of Canada v. United States, CIT Consol. # 23-00187).
U.S. Court of Appeals for the Federal Circuit judges didn’t ask much as, on Feb. 3, Chinese exporters led by Carbon Activated Tianjin faced off against petitioners and the United States regarding the results of two administrative antidumping duty reviews on its activate carbon products. The exporters argued, among other things, that the Commerce Department used too narrow a category of product when selecting a surrogate value for the prices of an input (Carbon Activated v. United States, Fed. Cir. # 23-2135, 23-2413).
The U.S. Court of Appeals for the Federal Circuit issued its mandate on Jan. 30 in a case on the 2016-17 review of the antidumping duty order on solar cells from China. In its decision, CAFC said the Commerce Department failed to provide an "adequate explanation" regarding its treatment of overhead costs in coming up with the surrogate financial ratio (see 2412090028) (Risen Energy Co. v. United States, Fed. Cir. # 23-1550).
Patent attorney Andrew Dhuey offered to appear as amicus curiae at the U.S. Court of Appeals for the Federal Circuit to defend Court of International Trade Judge Stephen Vaden's decision rejecting an unopposed motion to redact certain confidential information from the merits decision on an AD/CVD injury determination. Dhuey, who is on the trade court's roster of pro bono counsel, said he would like to be appointed by CAFC to defend Vaden's decision, "arguing on behalf of the public interest in judicial transparency" (CVB, Inc. v. United States, Fed. Cir. # 24-1504).
Parts of brake discs used in airplanes are "parts of an aircraft" and properly classified under Harmonized Tariff Schedule heading 8803, the Court of International Trade held on Jan. 30. Judge Mark Barnett said that since the parts are "used for no other purpose," require "no further processing prior" to their use in a brake disc and have "no other substantial commercial application," they should be classified as aircraft parts.
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The Commerce Department doesn't fail to act when it denies a Section 232 steel and aluminum tariff exclusion request, the Court of International Trade held. Instead, the denial is a "decision" and "not an action unlawfully withheld or unreasonably delayed," Judge Stephen Vaden said, dismissing a host of claims from importer Prysmian Cables and Systems USA against Commerce's rejection of its exclusion requests.
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Responding to U.S. opposition to its summary judgment motion, importer Mitsubishi Power Americas said Jan. 17 that the government “proffered nothing to dispute” expert testimony that shows its products are neither filters nor purifiers and misunderstood the way they actually work (Mitsubishi Power Americas v. U.S., CIT #21-00573).
The U.S. Court of Appeals for the Federal Circuit on Jan. 16 denied exporter Koehler Oberkirch's petition for writ of mandamus, which sought to have the appellate court review the Court of International Trade's decision that the government could effect service on the company via its U.S. counsel. Judges Timothy Dyk, Tiffany Cunningham and Leonard Stark said Koehler failed to meet the "demanding standard" for granting mandamus relief (In Re Koehler Oberkirch, Fed. Cir. # 25-106).