The U.S. District Court for the District of Columbia, in a July 10 text-only order, told parties in a case on the legality of tariffs imposed under the International Emergency Economic Powers Act to file a joint status report that lays out the parties' proposed schedule to govern future proceedings at the district court. The case is currently on appeal before the U.S. Court of Appeals for the D.C. Circuit (see 2507030052). At the district court, Judge Rudolph Contereras held that the Court of International Trade doesn't have exclusive jurisdiction in the case, since IEEPA categorically doesn't provide for tariffs (see 2505290037) (Learning Resources v. Donald J. Trump, D.D.C. # 25-01248).
Exporter The Ancientree Cabinet Co. and importer Craft33 Products said in two July 7 motions for judgment that the Commerce Department had again wrongly applied adverse facts available claiming potential use of China’s Export Buyer’s Credit Program (The Ancientree Cabinet Co. v. United States, CIT # 24-00223).
The Commerce Department released July 9 its remand results of a scope ruling on calcium glycinate from India, Japan and Thailand. It said it now finds that calcium glycinate is covered by antidumping duty and countervailing duty orders on glycine “regardless of the producer, exporter, or importer” (Deer Park Glycine, LLC v. U.S., CIT # 23-00238).
The Court of International Trade's recent "dictum" on whether the Tariff Act of 1930 lets the Commerce Department impose antidumping duties and countervailing duties on an upstream product that's incorporated into a downstream product imported into the U.S. isn't relevant for adjudication of a pair of separate AD/CVD scope cases, the U.S. said (Wabtec Corporation v. U.S., CIT #s 23-00160, -00161).
The U.S. opposed exporter Camel Group's motion to unredact part of the record in the company's case against its placement on the Uyghur Forced Labor Prevention Act Entity List, arguing on July 10 that disclosure of information deemed confidential "would substantially harm the Government's" law enforcement efforts in applying the UFLPA. The government told the Court of International Trade it has a "strong interest in protecting the law enforcement sensitive information," while Camel has "no compelling argument as to why disclosure to the public, or to Camel, as opposed to confidential disclosure, is necessary" (Camel Group Co. v. United States, CIT # 25-00022).
The Commerce Department showed its work in finding that exporter East Sea Seafoods is independent of the Vietnamese government and thus eligible for a separate rate under an antidumping duty order on Vietnamese catfish in the 2019-20 administrative review of the AD order, the Court of International Trade held on July 10. Judge M. Miller Baker also held that Commerce properly assigned exporter Green Farms Seafood Joint Stock Company an AD rate taken from a simple average of respondent NTSF Seafood's zero percent rate and East Sea's adverse facts available rate.
Akin partner Devin Sikes has been appointed by the Federal Circuit Bar Association to serve as co-chair of the group's international trade committee, Akin announced. Sikes will serve a three-year term that runs through June 30, 2028. The committee, which surveys U.S. Court of Appeals for the Federal Crcuit and Court of International Trade decisions and "makes recommendations" to the association's board on issues to be addressed, is now led by Sikes, Hogan Lovells partner Jonathan Stoel, DOJ attorney Sosun Bae and Polsinelli partner and former International Trade Commission general counsel Dominic Bianchi. The committee's vice-chairs are Matthew Rizzolo of Ropes & Gray and Timothy Bickham of Dentons (US).
The following lawsuit was filed recently at the Court of International Trade:
The Commerce Department failed to correct for respondent Dongkuk S&C's conversion costs and improperly relied on Dongkuk's information from a past antidumping duty review as the basis for constructed value ratios, petitioner Wind Tower Trade Coalition argued in a July 9 complaint at the Court of International Trade. The petitioner brought the suit to contest the 2022-23 review of the AD order on utility scale wind towers from South Korea (Wind Tower Trade Coalition v. United States, CIT # 25-00104).
Power supply and cables importer PowerTec Solutions agreed on July 8 to the government’s partial motion to dismiss the importer's case seeking a duty refund (PowerTec Solutions International v. United States, CIT # 22-00322).