The Court of International Trade granted steel importer North American Interpipe refunds on Section 232 steel and aluminum duties it paid following court mediation over the company's challenge to the U.S.'s denials of NAI's exclusion requests from the tariffs. Per the public stipulated judgment on agreed-upon fact, Judge M. Miller Baker penned an order which declares that NAI may not appeal (North American Interpipe v. United States, CIT #20-03825).
The following lawsuits were recently filed at the Court of International Trade:
OCP, a Moroccan state-owned fertilizer maker, asked the Court of International Trade to order the International Trade Commission to reconsider its determination of injury. OCP's March 3 motion accuses the ITC of failing to consider arguments and evidence in the countervailing duty investigation of phosphate fertilizers from Morocco and Russia. The ITC determined in March 2021 that Morocco was subsidizing phosphate fertilization and that U.S. domestic industry was materially injured (OCP S.A. v. U.S., CIT Consol. # 21-00219).
The Commerce Department properly decided not to consider off-peak electricity sold for less than adequate remuneration in a countervailing duty administrative review, DOJ said in a March 7 brief at the Court of International Trade. Responding to a motion for judgment from petitioner Nucor Corporation, DOJ said that Nucor's arguments merely dispute how Commerce weighed the evidence alleging that the provision of off-peak electricity for LTAR was a countervailable subsidy (Nucor Corporation v. United States, CIT #21-00182).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade stayed the deadline for DOJ's response to an amicus brief filed by the American Apparel and Footwear Association in a lawsuit on a seized shipment of palm oil over forced labor concerns. The palm oil shipment was entered by importer Virtus Nutrition and was excluded from entry by CBP over suspicions that the goods were made in Malaysia by forced labor (Virtus Nutrition v. United States, CIT #21-00165).
The Court of International Trade should not permit the U.S. to add an entire customs broker license exam to the record of a case contesting the results of one individual's exam results, counsel for Byungmin Chae argued in a March 7 reply brief. There are no "extraordinary reasons" that warrant the inclusion of the entire 80-question exam, as only five questions are being contested, Chae said (Byungmin Chae v. Secretary of The Treasury, CIT #20-00316).
A Chinese aluminum extrusion exporter, along with its affiliates, filed for a rehearing in a countervailing duty case at the Court of International Trade, arguing the trade court failed to address the company's alternative arguments on a host of issues. The issues, which include claims about the specificity of an alleged benefit and whether certain input suppliers are government entities, are fully briefed and "ripe for decision," the motion for rehearing said (Taizhou United Imp. & Exp. Co. v. U.S., CIT #16-00009).
A Canadian exporter's challenge of antidumping cash deposit instructions should be dismissed since the company can obtain a review of the cash deposit rate through an already initiated USMCA panel review, DOJ said in a March 4 brief. What the exporter, J.D. Irving, really wants is to not pay current cash deposits at the current rate, DOJ told the Court of International Trade. Even if the court finds it does have jurisdiction over the cash deposit instructions, the case still should be dismissed since the payment of cash deposits doesn't establish standing since it isn't an injury, DOJ said (J.D. Irving Ltd. v. United States, CIT #21-00641).
The following lawsuits were recently filed at the Court of International Trade: