The U.S. Court of Appeals for the Federal Circuit on Oct. 3 stayed the briefing schedule in a trio of cases brought by exporter Eregli Demir ve Celik Fabrikalari (Erdemir) while it considers the company's motion to consolidate the three appeals. All three cases center on the sunset review of the antidumping duty order on hot-rolled steel flat products from Turkey (Eregli Demir ve Celik Fabrikalari v. United States, Fed. Cir. # 24-2242).
After the Commerce Department once again refused in an administrative review to investigate an alleged countervailable subsidy provided by the South Korean government, the original investigation’s petitioner claimed the department’s results upon remand (see 2408160038) actually showed a reluctance on Commerce's part to investigate time of use electricity supply systems that can sustain themselves annually (Nucor Corp. v. U.S., CIT # 21-00182).
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The Commerce Department on Sept. 23 said that it can permissibly use "inter-quarter comparisons" in the Cohen's d test while detecting "masked" dumping while using "same-quarter comparisons" in its margin calculations. The agency said that "fluctuating production costs," which call for same-quarter comparisons in calculating antidumping duty margins, "do not introduce distortions into the comparison of U.S. prices with other U.S. prices in the Cohen's d test" (Universal Tube and Plastic Industries v. U.S., CIT Consol. # 23-00113).
A German exporter of steel used to transport corrosive materials responded Sept. 20 at the U.S. Court of Appeals for the Federal Circuit to a U.S. claim that the Commerce Department's decision to calculate certain of the exporter’s production costs for a review using the items' sales values was rational because the figures “came from Dillinger’s own books and records” (AG der Dillinger Huttenwerke v. U.S., Fed. Cir. # 24-1498).
An importer of weekly/monthly planners told the U.S. Court of Appeals for the Federal Circuit on Sept. 18 that it and the government were in agreement that the Court of International Trade had committed a reversible error by classifying its planners as diaries (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
Importer Nutricia North America told the U.S. Court of Appeals for the Federal Circuit on Sept. 18 that the government's claims in a customs suit on the company's medical foods present "several fundamental flaws." Nutricia argued that, despite the government's claim that the products are barred from Harmonized Tariff Schedule heading 3004 due to Note 1(a) to chapter 30, the medical foods "easily fall within the terms of heading 3004 as 'medicaments ... for therapeutic uses'" (Nutricia North America v. United States, Fed. Cir. # 24-1436).
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The U.S. Court of Appeals for the Federal Circuit on Sept. 11 denied a motion for rehearing from the governments of Canada and Quebec and exporter Marmen Inc. regarding the court's decision sustaining the countervailability of a Canadian tax program. All the judges in regular active service -- Judges Kimberly Moore, Alan Lourie, Timothy Dyk, Sharon Prost, Jimmie Reyna, Richard Taranto, Raymond Chen, Todd Hughes, Kara Stoll, Tiffany Cunningham and Leonard Stark -- agreed to deny the petition (Government of Quebec v. U.S., Fed. Cir. # 22-1807).
The U.S. on Sept. 10 opposed exporter Koehler's request for the Court of International Trade to certify its order permitting service on the company's U.S. counsel to allow for an immediate appeal of the order. The government said an immediate appeal will fail to "materially advance the ultimate termination of the litigation" because the U.S. can still effect service through other means if the court's order is reversed (United States v. Koehler Oberkirch GmbH, CIT # 24-00014).