The Court of International Trade in a Jan. 20 order dismissed a case on the 2020-21 administrative review of the antidumping duty order on activated carbon from China. Commerce originally tapped two mandatory respondents in the review, selecting Datong Juqiang Activated Carbon and Jilin Bright Future Chemicals. The agency gave Datong Juqing a zero percent dumping rate while assigning Jilin Bright a $0.62 per kilogram dumping margin. The agency then assigned separate rate respondents the same $0.62/kg rate it gave to Jilin Bright (Carbon Activated Tianjin Co., et al. v. United States, CIT #22-00335).
Under the Commerce Department's countervailing duty regulations, any subsidy on inputs dedicated to the downstream product must refer to subject merchandise, plaintiff Gujarat Fluorochemicals (GFL) argued in a Jan. 20 supplemental brief at the Court of International Trade. The exporter said it would be "illogical" to apply the regulation to inputs mainly used to make non-subject merchandise since this interpretation "would create a broader subsidy than provided by the statute" (Gujarat Fluorochemicals Limited v. United States, CIT # 22-00120).
Boronized steel tubes made in the U.S. are unfinished steel goods, not repaired articles, DOJ argued in a Jan. 20 counterclaim that is seeking $760,000 in unpaid duties at the Court of International Trade in a denied protest case filed by an importer (Maple Leaf Marketing v. United States, CIT # 20-03839).
The U.S. Court of Appeals for the Federal Circuit in a Jan. 23 order denied plaintiff-appellants' motion for an expedited briefing schedule in an attorney conflict-of-interest case. Peter Marksteiner, clerk of the court, said that while the appellants, led by Amsted Rail Company, could "self-expedite the filing of their briefs," they failed to show that an expedited briefing was necessary (Amsted Rail Company v. United States, Fed. Cir. # 23-1355).
The Court of International Trade on Jan. 23 sent back the Commerce Department's rejection of NLMK Pennsylvania's Section 232 steel and aluminum tariff exclusion requests, with Judge Claire Kelly finding Commerce didn't support its determinations that the objectors to the exclusion requests could provide "suitable substitutes" and make enough of the steel slab subject to the exclusion requests.
The Court of International Trade dismissed a case contesting the International Trade Commission's antidumping duty investigation on oil country tubular goods from Argentina, Mexico, Russia and South Korea for lack of prosecution (Tenaris Bay City, Inc., et al. v. U.S., CIT # 22-00345). Plaintiffs Tenaris Bay City, Maverick Tube, Ipsco Tubulars and Siderca filed three other cases contesting the ITC's injury determination and the related antidumping duty investigation by the Department of Commerce (see 2301180047). Unlike the other cases, the Dec. 16 summons was never followed up on by the plaintiffs before it was dismissed by the court.
Russian exporter TMK Group on Jan. 20 filed a complaint at the Court of International Trade on the International Trade Commission's injury finding on oil country tubular goods (OCTG) from Russia that led to the imposition of a countervailing duty order on the goods. The three-count complaint challenges the commission's decision to cumulate imports from Russia with imports from Brazil, Mexico and South Korea; its analysis of South Korea's imports in the cumulation analysis; and its decision that material injury to the domestic industry was "by reason of imports" (TMK Group v. United States, CIT # 22-00346).
The U.S. Court of Appeals for the Federal Circuit should reject plaintiff-appellants' bid for an expedited briefing schedule in an attorney conflict-of-interest case, defendant-intervenor-appellee Coalition of Freight Rail Coupler Producers argued in a Jan. 19 reply brief. The appellants, led by Amsted Rail Co., have failed to both establish good cause to expedite the appeal and show that they will suffer irreparable harm absent the accelerated schedule, since the underlying injury proceeding at the International Trade Commission will be subject to judicial review after the proceeding is finished, the coalition said (Amsted Rail Co. v. United States, Fed. Cir. # 23-1355).
The Court of International Trade in a Jan. 23 order sent back the Commerce Department's decision to deny NLMK Pennsylvania's Section 232 steel and aluminum tariff exclusion requests for certain steel slabs. Judge Claire Kelly found Commerce did not properly support its positions that the exclusion objectors offered a "suitable substitute" for the steel slab needed by NLMK and could provide NLMK with enough quantity.
The following lawsuit was recently filed at the Court of International Trade: