The U.S. Court of Appeals for the Federal Circuit on Oct. 1 appointed two new members to its advisory council and reappointed two sitting members, the court announced. Jeremiah Helm, partner at Knobbe Martens, and Patrick Keane, partner at Buchanan Ingersoll, were newly appointed to the council, while Mel Bostwick of Orrick Herrington and Goutam Patnaik of Desmarais were reappointed to the council. The terms run for three years.
Court of Federal Appeals Trade activity
The U.S. Court of Appeals for the Federal Circuit on Oct. 1 granted dismissal of government's appeal contesting the erroneous deemed liquidation of its goods that were subject to suspended liquidation. The Court of International Trade had ruled Fraserview didn't need a protest to file its suit (see 2401250039). CIT said that because the statute for deemed liquidation requires that the entries not be suspended, CBP's notices of deemed liquidation didn't operate to actually liquidate the entries. The U.S. appealed the decision but dropped the matter in a joint stipulation filed in September (see 2409060005) (Fraserview Remanufacturing v. U.S., Fed. Cir. # 24-2049).
After the Commerce Department once again refused in an administrative review to investigate an alleged countervailable subsidy provided by the South Korean government, the original investigation’s petitioner claimed the department’s results upon remand (see 2408160038) actually showed a reluctance on Commerce's part to investigate time of use electricity supply systems that can sustain themselves annually (Nucor Corp. v. U.S., CIT # 21-00182).
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The U.S. Court of Appeals for the Federal Circuit on Sept. 30 issued its mandate in an antidumping duty case brought by importer PrimeSource Building Products and exporter Cheng Ch International Co. The court held in its decision that the Commerce Department's use of only adverse facts available rates to set the rate for the non-individually examined respondents in antidumping proceedings, known as the "expected method," isn't presumptively unreasonable (see 2408070020) (PrimeSource Building Products v. United States, Fed. Cir. # 22-2128).
The U.S. Court of Appeals for the Federal Circuit on Sept. 24 recaptioned an appeal of an antidumping duty case after importer Worldwide Distribution said it no longer wishes to take part in the case, given that it failed to file a notice of appeal (see 2409160010). As a result, the court lifted the stay in the case and gave exporter Sahamitr Pressure Container 60 days to file its opening brief. Sahamitr originally brought suit to challenge the 2019-20 review of the AD order on steel propane cylinders from Thailand. The Court of International Trade said Sahamitr failed to undermine Commerce's finding that the company's monthly-based calculation of its sales costs were distortive (see 2405020029) (Sahamitr Pressure Container v. U.S., Fed. Cir. # 24-2043).
The International Trade Commission on Sept. 23 opposed exporter Eregli Demir ve Celik Fabrikalari's (Erdemir's) motion to consolidate three of its appeals at the U.S. Court of Appeals for the Federal Circuit involving the sunset review of the antidumping duty order on hot-rolled steel flat products from Turkey (Eregli Demir ve Celik Fabrikalari v. International Trade Commission, Fed. Cir. # 24-2242).
The Commerce Department on Sept. 23 said that it can permissibly use "inter-quarter comparisons" in the Cohen's d test while detecting "masked" dumping while using "same-quarter comparisons" in its margin calculations. The agency said that "fluctuating production costs," which call for same-quarter comparisons in calculating antidumping duty margins, "do not introduce distortions into the comparison of U.S. prices with other U.S. prices in the Cohen's d test" (Universal Tube and Plastic Industries v. U.S., CIT Consol. # 23-00113).
A German exporter of steel used to transport corrosive materials responded Sept. 20 at the U.S. Court of Appeals for the Federal Circuit to a U.S. claim that the Commerce Department's decision to calculate certain of the exporter’s production costs for a review using the items' sales values was rational because the figures “came from Dillinger’s own books and records” (AG der Dillinger Huttenwerke v. U.S., Fed. Cir. # 24-1498).
The U.S. Court of Appeals for the Federal Circuit on Sept. 18 issued its mandate in a countervailing duty case after rejecting a motion for rehearing from the governments of Canada and Quebec and exporter Marmen Energie Inc. The parties asked the court to revisit its decision sustaining the countervailability of a Canadian tax program in the CVD investigation on utility scale wind towers from Canada (see 2409120009). The tax program relates to the additional depreciation for certain Class 1 assets. The appellate court said deductions given to Marmen in addition to the standard 4% depreciation rate amount to forgone revenue for the Canadian government (see 2406210031) (Government of Quebec v. U.S., Fed. Cir. # 22-1807).