Importers led by Tenaris Bay City sent comments to the Court of International Trade last week opposing the International Trade Commission's separate decisions to cumulate both Russian and South Korean oil country tubular goods with goods from Argentina and Mexico. Tenaris Bay argued that the ITC improperly interpreted the statute in defining the phrase "compete with," which "uses the present tense and thus denotes" that the goods in question must compete with the like product during the "months leading up to and including vote day" (Tenaris Bay City v. United States, CIT Consol. # 22-00344).
The Court of International Trade on Oct. 4 remanded the Commerce Department's decision to include certain products from exporter Tecnicas de Fluidos (TEFLU) within the scope of the antidumping duty order on light-walled rectangular pipe and tube from Mexico in the 2020-21 review of the order. Judge Jennifer Choe-Groves said Commerce must answer whether TEFLU's "further manufactured products" are "downstream products" outside the order's scope. The agency must lay out "the degree to which" the exporter's goods were processed by various methods and whether each good was further processed, instead of basing its determination "solely on the physical and chemical composition" of the products. Choe-Groves added that Commerce must assess whether TEFLU's goods are within an industry investigated by the International Trade Commission in its corresponding injury analysis.
The Court of International Trade on Oct. 7 sent a customs classification dispute on truck steps to a bench trial after finding that the undisputed facts are insufficient for conducting a principal use analysis on whether the products are "side protective attachments." Judge Jennifer Choe-Groves held that while a Section 301 exclusion for "side protective attachments" is a principal use provision, and not a provision for an individual product, the court can't at this time properly assess the imports at issue under a principal use framework.
Court of International Trade Judge Jennifer Choe-Groves ruled Oct. 4 that the government hadn’t sufficiently responded to discovery requests by pistolmaker Glock, overruling a number of DOJ's objections and criticizing it for missing its interrogatory responses deadline.
There have been no lawsuits recently filed at the Court of International Trade.
The U.S. Court of Appeals for the Federal Circuit on Oct. 3 stayed the briefing schedule in a trio of cases brought by exporter Eregli Demir ve Celik Fabrikalari (Erdemir) while it considers the company's motion to consolidate the three appeals. All three cases center on the sunset review of the antidumping duty order on hot-rolled steel flat products from Turkey (Eregli Demir ve Celik Fabrikalari v. United States, Fed. Cir. # 24-2242).
The United States said Sept. 30 that an Indian aluminum exporter was trying to “artificially separate two similar industries” in its attempt to avoid being assessed a countervailing duty for the provision of coal for less-than-adequate remuneration (Hindalco Industries Limited v. U.S., CIT # 23-00260).
The Court of International Trade on Oct. 2 sustained the Commerce Department's scope ruling made on remand excluding engines with horizontal crankshafts from the antidumping and countervailing duty orders on vertical shaft engines between 99cc and up to 225cc from China.
Parties in a lawsuit may compel opposing parties to produce publicly available information during discovery, the Court of International Trade ruled Oct. 4. In the ruling, which partly granted and partly denied pistol maker Glock’s motion to compel responses to its discovery request, Judge Jenifer Choe-Groves also criticized the government’s late responses, which she said suggested "carelessness and a lack of appropriate due diligence.” (Glock v. U.S., CIT # 23-00046).
The Court of International Trade on Oct. 2 rejected exporter Chandan Steel Limited's motion for reconsideration of the court's previous decision sustaining the 145.25% total adverse facts available rate set against the exporter in the 2018-19 administrative review of the antidumping duty order on steel flanges from India.