The U.S. on Sept. 30 told the U.S. Court of Appeals for the Federal Circuit that the Court of International Trade erred in rejecting its efforts to redact parts of the trade court's decision sustaining an International Trade Commission injury determination. The government said CIT "abused its discretion" in publicly disclosing information marked by the commission as business confidential (CVB, Inc. v. United States, Fed. Cir. # 24-1504).
Court of International Trade activity
The Court of International Trade on Oct. 2 sustained the Commerce Department's final scope ruling excluding engines with horizontal crankshafts from the scope of the antidumping and countervailing duty orders on vertical shaft engines between 99cc and up to 225cc from China. Commerce excluded the engines from the orders on remand from the trade court. Judge Jennifer Choe-Groves said the agency "complied with the Court's remand order" in excluding the engines.
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade on Sept. 30 granted a pair of voluntary dismissal motions from importer Travelway Group International on its two import classification cases. Both cases sought Section 301 exclusions for its backpack and bag entries of Harmonized Tariff Schedule subheadings 4202.92.3120 and 4202.92.3131. Counsel for Travelway didn't immediately respond to request for comment (Travelway Group International v. United States, CIT #s 22-00313, 23-00057).
The Court of International Trade on Sept. 27 granted exporter Zhejiang Jingli Bearing Technology Co.'s motion to sever and dismiss it from a lawsuit on the 2021-22 review of the antidumping duty order on tapered roller bearings from China. The suit will continue with plaintiffs Shanghai Tainai Bearing Co. and C&U Americas. The companies brought the case to allege that the Commerce Department unnecessarily applied partial adverse facts available and errantly conducted a pricing differential analysis (see 2403060080). Counsel for Zhejiang Jingli didn't immediately respond to a request for comment on the reason for its voluntary dismissal (Zhejiang Jingli Bearing Technology Co. v. U.S., CIT # 24-00038).
Exporter Eregli Demir ve Celik Fabrikalari (Erdemir) on Sept. 30 defended its bid to consolidate its three appeals at the U.S. Court of Appeals for the Federal Circuit regarding the sunset review of the antidumping duty order on hot-rolled steel flat products from Turkey. Erdemir said all three cases are "intertwined" since they are "based on the same triggering act" (Eregli Demir ve Celik Fabrikalari v. United States, Fed. Cir. # 24-2242).
Importer 3BTech asked the Court of International Trade to award it attorney's fees in a tariff classification case associated with the company's efforts in resolving the issue of the government's untimely submission of expert declarations. 3BTech said the U.S. willfully violated its disclosure obligations and "blindsided both" the company and the court by not telling either about its plans to work on the declarations when it requested an extension to file its cross-motion for judgment (3BTech v. United States, CIT # 21-00026).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade on Sept. 27 granted the government's motion for a voluntary remand in a case on the 2021-22 review of the antidumping duty order on mechanical tubing of carbon and alloy steel from Italy. The U.S. asked for the remand to reconsider the "single-entity treatment" of exporters Dalmine and Silcotub (see 2409260027). During the review, Commerce rejected submissions from the petitioners, led by ArcelorMittal Tubular Products, which contained five memos from the Commerce Department from recent cases in which the agency collapsed entities "under analogous facts." The U.S. asked for a remand to reconsider its rejections of these submissions and, by extension, the collapsing analysis (ArcelorMittal Tubular Products v. U.S., CIT # 24-00039).
Exporter Nagase & Co. will appeal its case on the first review of the antidumping duty order on glycine from Japan, according to its Sept. 27 notice of appeal at the Court of International Trade. In July, the court sustained the Commerce Department's decision to remove Nagase's compensation for payment expense from its general and administrative expense ratio and said that Nagase failed to exhaust its administrative remedies pertaining to its challenge to Commerce's assessment rate (see 2407300052). The exporter challenged the assessment rate at CIT, despite not raising the issue during the review, claiming that the remand proceeding at the trade court created a new decision for judicial review. The court rejected that claim (Nagase & Co. v. U.S., CiT # 21-00574).