The Court of International Trade in a Feb. 6 order denied defendant-intervenor Endura Products' motion for a stay of proceedings in an Enforce and Protect Act case brought by Columbia Aluminum pending Endura's impending appeal of a separate CIT decision over a scope ruling involving Columbia's imports. In that decision, the court upheld the exclusion of the plaintiff's door thresholds from the scope of the antidumping and countervailing duty orders on aluminum extrusions from China. Judge Timothy Stanceu said the stay motion failed to show it would serve the twin objectives of "fairness to the litigants and judicial economy."
The Court of International Trade in a Feb. 2 order remanded the Commerce Department's final results in the second administrative review of the antidumping duty order on passenger vehicle and light truck tires from China, pursuant to the U.S. Court of Appeals for the Federal Circuit's mandate in the case (YC Rubber Co. (North America) v. United States, CIT # 19-00069).
Conservation groups Sea Shepherd New Zealand and Sea Shepherd Conservation Society moved to toss one count of their complaint in a case seeking an import ban on certain fish taken from New Zealand's West coast North Island multispecies set-net and trawl fisheries. The plaintiffs filed a partial motion to dismiss at the Court of International Trade on Feb. 2, arguing that the third count of the complaint, which is a challenge to the National Oceanic and Atmospheric Administration's 2020 comparability findings on this area in New Zealand's waters, is moot since the findings expired at the end of 2022 (Sea Shepherd New Zealand v. United States, CIT #20-00112).
The Commerce Department's recent remand decision not to treat a countervailing duty respondent's supplier as a cross-owned input supplier is relevant for exporter Kaptan Demir Celik Endustrisi ve Ticaret's case at the Court of International Trade, the exporter argued. Filing a notice of supplemental authority on Feb. 2, Kaptan said that Commerce's remand decision in Nucor Corp. v. U.S. is "at odds with Commerce's analysis in the instant case" (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 21-00565).
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).