The U.S. Court of Appeals for the Federal Circuit on Aug. 7 said the Commerce Department's use of only adverse facts available rates to set the rate for the non-individually examined respondents in antidumping proceedings, known as the "expected method," is not presumptively unreasonable. Judges Alan Lourie and Kara Stoll said instead that the "burden is on Commerce to justify a departure from the expected method, not to justify its use."
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.
On appeal, the U.S. and a petitioner each defended the Court of International Trade’s acceptance of the Commerce Department's thrice-remanded (see 2401190037) countervailing duty calculation for Russian phosphate fertilizer exporters (The Mosaic Company v. U.S., Fed. Cir. # 21-00117, -20, -21).
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 July 9 unsealed a May 29 order compelling Judge Pauline Newman to show cause for why she shouldn't continue to be subject to a suspension from hearing new cases in light of her continued refusal to cooperate with her colleagues' investigation of her fitness to continue serving on the bench. The suspension is set to expire in September.
The U.S. District Court for the District of Columbia on July 9 dismissed the remaining claims U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman brought against three of her colleagues for their investigation into her fitness to continue serving on the bench (Hon. Pauline Newman v. Hon. Kimberly Moore, D.D.C. # 23-01334).
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. told the U.S. Court of Appeals for the Federal Circuit July 8 that its decision not to appear in an antidumping and countervailing duty scope case "has no effect on the Court's standard of review." Filing a supplemental brief as an amicus at the invitation of the court, the government said its decision not to join the appeal "merely reflects its reasoned consideration not to pursue the appellate process" (Worldwide Door Components v. U.S., Fed. Cir. # 23-1532) (Columbia Aluminum Products v. U.S., Fed. Cir. # 23-1534).
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.