Trade Law Daily is providing readers with some recent top stories. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The antidumping and countervailing duties that importer Fedmet Resources now has to pay as a result of a CBP duty evasion ruling amounts to an "embargo" and deprives Fedmet of market access, the importer argued in a Nov. 19 brief at the Court of International Trade. Further, CBP violated Fedmet's due process rights by not even notifying the importer of the existence of the investigation until the interim measures were put in place and not giving it an opportunity to respond to evidence against it, the brief said (Fedmet Resources Corporation v. United States, CIT #21-00248).
The Supreme Court of the U.S. may hear an appeal of the key Transpacific Steel LLC v. United States decision, seeing it as an opportunity to discuss the question of the extent to which Congress delegated tariff powers to the president, Julie Mendoza of Morris Manning, counsel to plaintiff-appellee Borusan Mannesmann, told Trade Law Daily. Having recently petitioned the Supreme Court to take up the case, Mendoza said that having the case sit in front of the nation's highest court will also give her and her team a chance to argue that the most recent decision in the case runs afoul of the intelligible principle standard for delegation of powers to the president as it relates to Section 232.
In remand results filed at the Court of International Trade, the Commerce Department continued to find that antidumping respondent Jilin Forest Industry Jinqiao Flooring Group Co. has failed to establish its eligibility for a separate rate, making it part of the China-wide entity, and that the application of Commerce's non-market economy definition to Jinqiao Flooring was reasonable. The remand results relied heavily on a June U.S. Court of Appeals for the Federal Circuit case, China Manufacturers Alliance v. U.S., which established that China-wide rates can still be based on adverse facts available even if no members of the country-wide entity were found to be uncooperative (Jilin Forest Industry Jinqiao Flooring Group Co., Ltd., v. United States, CIT #18-00191).
Trade Law Daily is providing readers with some recent top stories. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Antidumping duty review petitioner Maverick Tube Corporation's argument's against the Commerce Department's move to rely on the actual costs of prime and non-prime products as reported by the AD respondent misinterprets a key precedential decision, AD respondent Nexteel Co. argued in a Nov. 3 brief at the Court of International Trade. Instead, Commerce complied with the court's orders and the precedent set in this decision made by the U.S. Court of Appeals for the Federal Circuit -- Dillinger France S.A. v. United States -- when it reversed the adjustment to the respondent's reported costs (Husteel Co., Ltd. v. U.S., CIT Consol. #19-00112).
Trade Law Daily is providing readers with some recent top stories. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Court of International Trade ordered an in-person oral argument to take place on Nov. 4 to settle a matter in which the Department of Justice alleged that the plaintiff failed to obtain its consent before filing for a statutory injunction against the liquidation of its entries. In a brief on the injunction motion, DOJ said that counsel for Cheng Shin Rubber -- led by Jeffrey Winton of Winton & Chapman -- completely misrepresented its position, declaring that it had the government's consent for the injunction, when it didn't (see 2110250052).
The U.S. Court of Appeals for the Federal Circuit issued its mandate Oct. 8 in a case involving the Commerce Department's use of the "Cohen's d test" to discover targeted or masked dumping. The mandate led the Court of International Trade to remand the case to Commerce to bring its final results in an antidumping investigation into welded line pipe from South Korea in line with the Federal Circuit's opinion. The appellate court held that Commerce must further explain its use of this statistical test when using its differential pricing analysis since Commerce may not be adhering to certain assumptions required to perform the Cohen's d test (see 2107150032). A proposed briefing schedule decided by all parties is due by Oct. 28 (Stupp Corporation et al. v. U.S., et al., CAFC # 2020-1857).
There will be no full court hearing for a case involving the Commerce Department's use of the "Cohen's d test" to discover targeted or masked dumping, the U.S. Court of Appeals for the Federal Circuit said in an Oct. 1 order. The case, appealed by SeAH Steel Corp., was remanded by the Federal Circuit in July after the appellate court found that Commerce may not be adhering to certain assumptions required to perform the statistical test (see 2107150032) (Stupp Corporation et al. v. U.S., et al., CAFC # 2020-1857).