In a complaint filed Oct. 8, exporter Tao Motor challenged the International Trade Commission’s affirmative injury and critical circumstances findings regarding golf carts from China. It said that imposing the Commerce Department’s recently calculated antidumping duty and countervailing duty rates would end all importation of Chinese-origin golf carts into the U.S. (Tao Motor v. United States, CIT # 25-00199).
The Commerce Department properly excluded seven types of bricks imported by Fedmet Resources Corp. from the scope of the antidumping duty and countervailing duty orders on magnesia carbon bricks from China on remand, the Court of International Trade held on Oct. 9. Judge M. Miller Baker said the conclusion comports with a 2014 U.S. Court of Appeals for the Federal Circuit decision, which led to the standard that the addition of any amount of alumina to a magnesia carbon brick excludes it from the orders.
The Court of International Trade partially remanded the International Trade Commission's injury investigation on freight rail couplers from China in a confidential decision issued Oct. 8. Judge Gary Katzmann held oral argument in the case in July, questioning attorneys as to whether it was lawful for the ITC to open an injury investigation two months after reaching a negative injury finding for the same imports (see 2507070056) (Wabtec Corp. v. United States, CIT Consol. # 23-00157).
The U.S. Court of Appeals for the Federal Circuit on Oct. 2 scheduled a pair of cases for oral argument on Nov. 4 regarding the International Trade Commission's policy of redacting business proprietary information in questionnaire responses. The court said the two sides, which are the ITC and two court-appointed amici, will each get 20 minutes, with the two amici -- patent attorney Andrew Dhuey and Alex Moss, the executive director of the Public Interest Patent Law Institute -- splitting their 20 minutes (In Re United States, Fed. Cir. #s 24-1566, 25-127).
The U.S. Court of Appeals for the Federal Circuit on Oct. 1 appointed two new members to the court's advisory council. Judge Kimberly Moore appointed Gabriel Bell, the head of Latham & Watkins' intellectual property appellate practice, and Kathi Vidal, partner at Winston & Strawn and leading IP litigator. Moore also reappointed Michelle Klancnik, assistant general counsel at the International Trade Commission, and Sonal Mehta, partner at WilmerHale, members to the council. All four will serve three-year terms, starting Oct. 1.
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 3 on AD/CVD proceedings:
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 2 on AD/CVD proceedings:
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 1 on AD/CVD proceedings:
Andrew Dhuey, a patent attorney and court-appointed amicus, asked the U.S. Court of Appeals for the Federal Circuit this week for permission to take part in the oral argument in a case on former Court of International Trade Judge Stephen Vaden's decision not to redact information deemed confidential by the International Trade Commission. Dhuey noted that a motions panel at the CAFC previously said his right to participate in oral argument shall be decided by the merits panel, and that the now-assigned merits panel has yet to issue a decision on the amicus' right to take part in the hearing (In Re United States, Fed. Cir. # 24-1566).
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 30 on AD/CVD proceedings: