Trade attorney Ping Gong is leaving The Bristol Group. Gong filed notifications terminating her access to business proprietary information in a slew of cases at the Court of International Trade and Court of Appeals for the Federal Circuit. Gong held an of counsel position at The Bristol Group since 2015.
The following lawsuits were recently filed at the Court of International Trade:
While antidumping duty respondent Goodluck India Limited does not oppose DOJ's motion to partially dismiss its case, it wants the Court of International Trade to find jurisdiction for its case under Section 1581(i), the court's "residual" jurisdiction. Responding to the partial dismissal motion in an April 22 reply brief, Goodluck used the opportunity to also characterize the U.S. government's statement of facts as "inaccurate" (Goodluck India Limited v. United States, CIT #22-00024).
The Court of International Trade should not grant a stay in a consolidated antidumping matter pending resolution of a case at the U.S. Court of Appeals for the Federal Circuit since the impact of this case is "speculative at best," DOJ said in an April 21 reply brief. Further, the stay should be denied since the Federal Circuit case, Stupp Corp. v. United States, may only affect two legal issues in the case led by exporter Koehler Paper, leaving six issues unaffected, DOJ argued (Matra Americas v. United States, CIT Consol. #21-00632).
Producing a large volume of evidence does not establish the relevance or persuasiveness of such evidence, plaintiff Aluminum Extrusions Fair Trade Committee said in an April 19 brief blasting the Commerce Department's evidentiary record in an antidumping duty and countervailing duty exclusion case. Merely handing over a list of record information does not substitute for an explanation of how the evidence supports the exclusion finding, AEFTC said (Aluminum Extrusions Fair Trade Committee v. United States, CIT #21-00253).
Court of International Trade Judge Timothy Stanceu granted a motion from importer Nutricia North America that asked to reopen discovery to replace the company's expert witness in an ongoing case regarding classification of infant formulas (Nutricia North America v. United States, CIT #16-00008). Nutricia asked for the record to be reopened after it discovered that its witness, Dr. Joel Lavine, was convicted of sexually abusing an adult former patient. With the order from Judge Timothy Stanceu, Nutricia will replace Lavine with Dr. Jonah Essers.
The defendant-intervenors in an antidumping duty case, Insteel Wire Products Co., Sumiden Wire Products Corp. and Wire Mesh Corp., signed off on the Commerce Department's remand results at the Court of International Trade applying partial adverse facts available. The remand results accepted certain of Turkish exporter Celik Halat's questionnaire responses that it originally denied due to being filed 21 minutes late. The result dropped Commerce's use of total AFA to partial AFA (Celik Halat ve Tel Sanayi v. United States, CIT #21-00045).
The Commerce Department erred in its de jure and de facto specificity findings in a forged steel fluid end blocks countervailing duty case on climate change compliance programs from the German government and the EU, exporter BGH Edelstahl Siegen argued in an April 20 reply brief at the Court of International Trade. The agency did not prove that the alleged subsidies were expressly limited to an enterprise or industry, precluding a de jure specificity finding, the brief said (BGH Edelstahl Siegen GMBH v. United States, CIT #21-00080).
The following lawsuits were recently filed at the Court of International Trade:
The government should not be allowed a second extension in a classification case to respond to an expert witness report, HyAxiom said in a motion filed April 20 with the Court of International Trade. DOJ has "not yet decided whether they intend to respond to HyAxiom’s Expert Report, let alone retained a rebuttal expert," which, the motion argues, is "effectively putting on pause HyAxiom’s ability to complete its discovery" and, if granted, would prejudice HyAxiom, formerly known as Doosan Fuel Cell America, by forcing it to rearrange its litigation strategy, the importer said. The case stems from a February 2021 complaint by Doosan Fuel Cell America that challenged the reclassification of a steam methane reformer and subsequent denial of protest by CBP. CBP classified the reformer under HTS subheading 8503.00.9550 (3%). Doosan claims the proper subheading is 8405.10.0000 (free).