Turkish exporter Eregli Demir ve Celik Fabrikalari in a Feb. 2 brief at the Court of International Trade railed against U.S. Steel's bid to intervene in a case challenging the International Trade Commission's decision not to review an antidumping injury proceeding. The exporter said that U.S. Steel Corp. filed for intervention under the wrong legal standard since the case was established under Section 1581(i), the trade court's "residual" jurisdiction, and not Section 1581(c). Even if this point were irrelevant, Erdemir said the court should still prevent U.S. Steel (USSC) from intervening in the case since it was not a proper party to the underlying proceeding (Eregli Demir ve Celik Fabrikalari v. United States, CIT # 22-00349).
The U.S. and the Wind Tower Trade Coalition failed to show that the Commerce Department's findings in a countervailing duty case on wind towers from Canada were supported by substantial evidence, plaintiff-appellants Quebec and Canada and respondent Marmen Energie argued in a Feb. 1 reply brief at the U.S. Court of Appeals for the Federal Circuit (Quebec v. U.S., Fed. Cir. # 22-1807).
The following lawsuit was recently filed at the Court of International Trade:
Plaintiffs in an antidumping duty case, led by Catfish Farmers of America (CFA), failed to argue one count of its complaint in its opening brief, so the Court of International Trade should consider the issue abandoned, defendant-intervenor Nam Viet Corp. argued in a Feb. 1 opposition brief (Catfish Farmers of America, et al. v. United States, CIT # 22-00125).
The Court of International Trade in a Feb. 1 order dismissed a customs case filed by California Manufacturing and Engineering Co. for lack of prosecution. The action challenged CBP's denial of its protest claiming that the importer's electric aerial work platforms should be classified under Harmonized Tariff Schedule subheading 8427.10.8010 rather than 8427.90.0000, qualifying for exclusions from the Section 301 tariffs under secondary subheading 9903.88.19. The case previously was placed on the customs case management calendar and not removed before the expiration of the "applicable period of time of removal" (California Manufacturing and Engineering Co. v. U.S., CIT # 21-00028).
Antidumping duty petitioner Ad Hoc Shrimp Trade Action Committee will appeal a December 2022 Court of International Trade decision on the Commerce Department's final results in the administrative review of the antidumping duty order on frozen warmwater shrimp from India. Per the Feb. 1 notice of appeal, the petitioner will take the case to the U.S. Court of Appeals for the Federal Circuit. In the opinion, the trade court upheld Commerce's remand results dropping the agency's reliance on an Enforce and Protect Act case to reject third-country sales to calculate normal value (see 2212070036) (Z.A. Sea Foods Private Limited v. United States, CIT # 21-00031).
Richmond International Forest Products has asked the Court of International Trade to force CBP to turn over documents in an Enforce and Protect Act (EAPA) case to which Richmond was not a party, according to a Jan. 31 brief (Richmond International Forest Products Inc. v. U.S., CIT # 21-00318).
The Commerce Department stuck by its decision not to investigate the alleged off-peak sale of electricity for less than adequate remuneration and not to treat POSCO Plantec -- an affiliate of countervailing duty respondent POSCO -- as a cross-owned input supplier of POSCO. Submitting its remand results to the Court of International Trade on Jan. 31, Commerce said that the subsidy allegation over the provision of off-peak electricity "did not provide sufficient evidence of a benefit for Commerce to initiate on the allegation," and that the inputs provided by POSCO Planted were not mainly dedicated to downstream product production (Nucor Corp. v. United States, CIT # 21-00182).
The Court of International Trade upheld CBP's affirmative evasion finding in an Enforce and Protect Act investigation against Leco Supply, in a confidential Jan. 24 opinion made public Feb. 1. Judge Mark Barnett held that CBP legally initiated the investigation, backed the evasion decision with substantial evidence, properly rejected Leco's written arguments during remand as untimely and protected the plaintiff's due process rights.
Sunnyvale Seafood has dropped two cases at the Court of International Trade concerning imported fish fillets brought in 2021, according to two separate motions filed Jan. 31. The cases challenged CBP's denial of Sunnyvale's protests over the applicability of Section 301 tariffs to its frozen tilapia fillets imported under subheading 0304.61.0000. Sunnyvale had argued that it should have been excluded from Section 301 tariffs via a product exclusion under subheading 9903.88.43. Sunnyvale did not comment when asked about the dismissals (SSC, Inc. v. United States, CIT # 21-00024, -00555).