An exporter of vehicle side bars said the U.S. is wrongly relying on a U.S. Court of Appeals for the Federal Circuit patent case to convince the trade court to rule against that exporter (Keystone Automotive Operations v. U.S., CIT # 21-00215).
Court of Federal Appeals Trade activity
The U.S. Court of Appeals for the Federal Circuit on June 13 allowed the Canadian government and a group of eight Canadian lumber exporters to appear as amici curiae in an appeal of the Commerce Department's use of the Cohen's d test to detect "masked" dumping. Judge Kara Stoll granted the motion (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
Antidumping duty petitioner Mid Continent Steel & Wire urged the U.S. Court of Appeals for the Federal Circuit to reject exporter Oman Fasteners' notice of supplemental authority regarding a Court of International Trade ruling on the Commerce Department's filing deadlines (Oman Fasteners v. U.S., Fed. Cir. # 23-1661).
Exporter Oman Fasteners said a recent Court of International Trade decision on the Commerce Department's filing deadlines supports its claim at the U.S. Court of Appeals for the Federal Circuit that one "inadvertent missed deadline 'without more'" doesn't support the use of adverse facts available in an antidumping duty case. Oman Fasteners filed a notice of supplemental authority on June 10 calling the appellate court's attention to CIT's holding in Cambria Co. v. U.S. (Oman Fasteners v. U.S., Fed. Cir. # 23-1661).
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The U.S. told the U.S. Court of Appeals for the Federal Circuit on June 10 that the Court of International Trade correctly found that sales between Canada-based Midwest-CBK and its U.S. customers met the requirement of being sold "for exportation into the United States" and thus were properly liquidated using transaction value with a 75.75% "uplift" to the goods' valuation. Goods are meant for export to the U.S. when they are "clearly destined for the United States at the time of the sale," which the goods at issue were, the government said (Midwest-CBK v. U.S., Fed. Cir. # 24-1142).
A defendant-intervenor in an exporter’s case challenging the results of a sunset review of the antidumping duty order on softwood lumber from Canada on June 6 opposed a motion to stay proceedings while a similar case winds its way through the appeals process. It argued that while the case on appeal deals (again) (see 2107150032) with the proper use of the “Cohen’s d test,” (see 2401110037) the case is not applicable in its own litigation (Resolute FP Canada v. U.S., CIT # 23-00095).
The U.S. Court of Appeals for the Federal Circuit in a June 7 order affirmed the Court of International Trade's decision to sustain the Commerce Department's use of antidumping duty respondent Z.A. Sea Food's (ZASF's) Vietnamese sales to calculate normal value in an AD review on Indian frozen warmwater shrimp. The unanimous order from Judges Alan Lourie, Raymond Clevenger and Todd Hughes was issued without an accompanying opinion.
Judges on the U.S. Court of Appeals for the Federal Circuit heard arguments June 6 in a lumber exporter's case. The exporter is challenging its 2020 cash deposit rate set by a 2019 review after the Commerce Department previously ordered liquidation of its 2019 entries at a lower rate carried over from 2018 (J.D. Irving v. U.S., Fed. Cir. # 23-1652).
Antidumping duty respondent Salzgitter Mannesmann Grobblech told the U.S. Court of Appeals for the Federal Circuit in a reply brief last week that the U.S. and petitioners Nucor Corp. and SSAB Enterprises failed to adequately defend the Commerce Department's use of adverse facts available against the respondent in the AD investigation on carbon and alloy steel cut-to-length plate from Germany (AG der Dillinger Huttenwerke v. U.S., Fed. Cir. # 24-1219).