A U.S. mattress importer on Nov. 12 opposed the government’s motion to dismiss its challenge to the International Trade Commission’s critical circumstances determination on mattresses from Burma, saying that its questionnaire response in the ITC’s investigation was enough to give it standing at the Court of International Trade (Pay Less Here v. U.S., CIT # 24-00152).
The U.S. brief opposing exporter Koehler Oberkirch GmbH's petition for mandamus relief on the question of whether the government properly served the exporter relies on "case law of other circuits" and not the U.S. Court of Appeals for the Federal Circuit, Koehler argued. Filing a response brief on Nov. 12, the exporter said the "law of other jurisdictions does not determine legal error or a clear abuse of discretion in this Circuit" (In Re Koehler Oberkirch GmbH, Fed. Cir. # 25-106).
In a Nov. 8 cross-motion for summary judgment in a consolidated case that first began in 2015, the U.S. asked the Court of International Trade to rule big box store Target’s merchandise -- LED candles, string lights, table lights, nightlights, path lights and lanterns-- as “lamps” under Harmonized Tariff Schedule Chapter 94 instead of “electrical luminescent lights” under Chapter 85 (Target General Merchandise v. United States, CIT Consol. # 15-00069).
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Judges at the U.S. Court of Appeals for the Federal Circuit on Nov. 7 sharply questioned both exporter Oman Fasteners' missed deadline in an antidumping duty review and petitioner Mid Continent Steel & Wire's defense of the 154.33% adverse facts available rate imposed as a result. Judge Kimberly Moore led the way during oral argument, taking Oman Fasteners' attorney Michael Huston to task for seemingly hiding the missed deadline (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
The U.S. argued that mandamus relief at the U.S. Court of Appeals for the Federal Circuit is improper on the question of whether the government properly served exporter Koehler Paper through its U.S. counsel. Responding on Nov. 6 to Koehler's petition for writ of mandamus, the U.S. said mandamus relief isn't "clear and indisputable" and that an appeal from a final order from the Court of International Trade "should not be inadequate" (In re Koehler Oberkirch GmbH, Fed. Cir. # 25-106).
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.
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. Court of Appeals for the Federal Circuit on Oct. 22 rejected exporter Oman Fasteners' bid to reschedule oral argument currently set for Nov. 7 in its appeal involving an antidumping duty review. Oman Fasteners sought to reschedule the oral argument due to its lawyers' unforeseen scheduling conflict involving a separate case at the U.S. Court of Appeals for the 3rd Circuit (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
The Commerce Department was right to make a Vietnam-wide determination that exporters were circumventing antidumping and countervailing duty orders on solar panels from China on the basis of an affirmative finding for 10 respondents, the U.S. argued Oct. 21 (Trina Solar (Vietnam) Science & Technology Co. v. U.S., CIT # 23-00228).