Court-ordered reliquidations aren't actions taken by CBP and can't be protested, the government said in oral arguments held Dec. 6 before the U.S. Court of Appeals for the Federal Circuit. As a result, the Federal Circuit doesn't have jurisdiction to hear Target's appeal of a liquidation ordered by CIT, the U.S. said (Target v. U.S., Fed. Cir. # 23-2274).
Amendments to the U.S. Court of Appeals for the Federal Circuit's practice rules officially took effect Dec. 1, the court announced. The changes incorporated all procedural requirements for petitioners for panel rehearings and rehearings en banc into one rule, though no substantive changes were made to the rule (see 2409050005). As a result of the change, CAFC updated its information sheet on rehearing petitions.
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The U.S. and defendant-intervenors each replied Nov. 26 to importer CME Acquisition’s August motion for judgment (see 2408220024). They argued that the U.S. Court of Appeals for the Federal Circuit has put the burden on exporters to show that averaged adverse facts available rates for non-selected respondents via the expected method is unreasonable (CME Acquisitions v. United States, CIT # 24-00032).
Canadian lumber exporter J.D. Irving urged the U.S. Court of Appeals for the Federal Circuit to reconsider its rejection of the company's attempt to challenge the denial of an antidumping duty cash deposit rate under Section 1581(i), the Court of International Trade's "residual" jurisdiction. Filing a petition for panel rehearing and rehearing en banc, J.D. Irving said the appellate court's decision is "grounded on a fundamental misunderstanding of the law and fact" related to its claim (J.D. Irving v. United States, Fed. Cir. # 23-1652).
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.
Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) filed a trio of opening briefs in its three concurrent appeals at the U.S. Court of Appeals for the Federal Circuit, all of which are seeking to account for the exclusion of exporter Colakoglu from the antidumping duty order on hot-rolled steel from Turkey in the International Trade Commission's five-year sunset review of the order.
The U.S. Court of Appeals for the Federal Circuit on Nov. 19 adopted amendments to its practice rules and notes and attorney discipline rules, the court announced. The changes will take effect Dec. 1 and will apply to "all cases filed order pending on or after" Dec. 1, unless otherwise ordered, the court said.
Responding to tapered roller bearing exporters’ August motion for judgment that cited Loper Bright to challenge the Commerce Department’s use of Cohen’s d test in administrative reviews, the U.S. said Nov. 14 that the department still exercises significant discretion in antidumping and countervailing duty matters (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).
In support of the results after remand of an antidumping duty review on welded carbon-quality steel from the United Arab Emirates (see 2409240022), defendant-intervenors said the Commerce Department’s use of inter-quarter comparisons in a differential pricing analysis but same-quarter comparisons in a margin calculation was reasonable because the contexts are different (Universal Tube and Plastic Industries v. U.S., CIT # 23-00113).