A Thai wheel exporter and three importers filed their opening bid at the U.S. Court of Appeals for the Federal Circuit challenge a trade court ruling that their products, wheels made with some Chinese-origin components, originated from China rather than Thailand (Asia Wheel Co. v. United States, Fed. Cir. # 25-1689).
The Court of International Trade called on future litigants to address the "various problems of interpretation" posed by the Commerce Department's subassemblies provision in its antidumping duty and countervailing duty orders. In a pair of decisions issued June 25, Judge Timothy Stanceu said the current construction of the provision can lead to "unreasonable, and even absurd, results."
The following lawsuit was filed recently at the Court of International Trade:
Importers Wego and Galleher either waived or forfeited any arguments they may have against the Commerce Department's separate antidumping duty rate calculated in the 2016-17 review of the AD order on multilayered wood flooring from China, the U.S. argued. Filing a reply brief at the U.S. Court of Appeals for the Federal Circuit earlier this month, the government said the importers asked the Court of International Trade to sustain Commerce's remand results in which it calculated the separate rate, waiving any claims against the remand results (Galleher Corp. v. United States, Fed. Cir. # 25-1196).
Antidumping duty petitioners, led by Brooklyn Bedding, filed their opening brief on June 23 at the U.S. Court of Appeals for the Federal Circuit to contest the Commerce Department's decision to exclude in-transit mattresses from the input data used to calculate quarterly ratios in an AD investigation (PT. Zinus Global Indonesia v. United States, Fed. Cir. # 25-1674).
Importers, led by Simplified, asked the Court of International Trade on June 24 to reconsider its decision to stay the company's suit against the tariffs imposed on China under the International Emergency Economic Powers Act. Simplified said the stay order prevents it from raising its argument that the IEEPA suit actually belongs in a U.S. district court, and not CIT, while the government hasn't shown the "hardship necessary to justify a stay," the brief said (Emily Ley Paper, d/b/a Simplified v. Donald J. Trump, CIT # 25-00096).
The U.S. filed its opening brief on June 24 in its appeal of the Court of International Trade ruling vacating the executive orders implementing tariffs under the International Emergency Economic Powers Act, arguing that CIT got it wrong "at every turn." The government told the U.S. Court of Appeals for the Federal Circuit that the trade court "properly did not question whether IEEPA authorizes as a general matter," though the court improperly suggested that "giving effect to IEEPA’s text would create constitutional concerns, invoking the nondelegation doctrine" (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
The Court of International Trade in a pair of decisions on June 25 called for future litigation to clarify whether the Commerce Department's interpretation of the "subassemblies" provision in the antidumping and countervailing duty orders on aluminum extrusions from China comports with AD/CVD law.
The following lawsuit was filed recently at the Court of International Trade:
Exporters led by Bioparques de Occidente agreed to voluntarily dismiss their appeal at the U.S. Court of Appeals for the Federal Circuit regarding an antidumping duty investigation on tomatoes from Mexico originally opened in 1996 but subject to a series of suspension agreements negotiated between the Commerce Department and the Mexican government. The case was previously stayed after the Court of International Trade settled a related lawsuit (Bioparques de Occidente v. United States, Fed. Cir. # 23-2109).