Opposing the United States’ and New Zealand's claims to the contrary (see 2506040068), environmental group Maui and Hector’s Dolphin Defenders NZ again said June 10 that New Zealand’s incidental bycatch regulations and its zero mortality rate goal for endangered Maui dolphins weren’t as strong as the U.S. regulations, rendering unsustainable a National Marine Fisheries Service comparability finding (Maui and Hector's Dolphin Defenders NZ v. National Marine Fisheries Service, CIT # 24-00218).
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An individual importer, Ricardo Vega, will receive refunds for a Porsche imported in 2023, according to a stipulated judgment filed at the Court of International Trade on June 17. Similarly, importers Yellowbird Enterprises and Vantage Point Services will receive refunds for duties paid on a Jaguar also entered in 2023.
Opposing the Commerce Department’s continued determination on remand that "rough" carbon steel butt-weld pipe fittings from China that were processed into finished fittings in Vietnam weren't of Chinese origin (see 2505050031), domestic producers Tube Forgings of America and Mills Iron Works again argued that “rough” pipe fittings are the same as “unfinished” ones (Tube Forgings of America, Inc. v. U.S., CIT Consol. # 23-00231).
The Court of International Trade on June 17 let exporter Toyo Kohan Co. amend its complaint in an antidumping duty case to add a claim against the Commerce Department's use of the Cohen's d test to detect "masked" dumping in light of the U.S. Court of Appeals for the Federal Circuit's decision rejecting Commerce's use of the test. Judge Jane Restani said the CAFC decision "fundamentally shifted the legal standard controlling" the agency's use of the test, meaning "justice requires" the exporter be allowed to raise its claim against the test.
The Court of International Trade on June 17 denied importer Global Aluminum Distributor's motion for attorney's fees in an Enforce and Protect Act case. Judge Richard Eaton held that the government's position in the EAPA case was "substantially justified" (H&E Home v. United States, CIT Consol. # 21-00337).
U.S. Solicitor General John Sauer urged the Supreme Court to reject two importers' bid to have the high court hear their case on whether the International Emergency Economic Powers Act provides for tariffs on an expedited basis. Sauer said the importers, Learning Resources and Hand2Mind, haven't justified "such a stark departure from established practice," which would see the Supreme Court take up the case prior to the U.S. Court of Appeal for the D.C. Circuit weighing in (Learning Resources v. Trump, Sup. Ct. # 24-1287).
The following lawsuits were filed recently at the Court of International Trade:
The importer seeking class certification at the Court of International Trade to obtain refunds for tariffs imposed under the International Emergency Economic Powers Act voluntarily dismissed its case June 16. Counsel for the importer didn't respond to a request for comment (Chapter1 v. United States, CIT # 25-00097).
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The Commerce Department properly used partial adverse facts available against respondent Salzgitter Flachstahl in an antidumping duty investigation for failing to provide manufacturer information for around 28,000 of its downstream sales made in Germany by one of its affiliates, the U.S. Court of Appeals for the Federal Circuit held on June 17.