The following lawsuits were filed recently at the Court of International Trade:
The Court of International Trade on Aug. 1 dismissed two cases from importer ArcelorMittal Long Products Canada for lack of prosecution. The cases were placed on the customs case management calendar but weren't removed at the "expiration of the applicable period of time of removal." The lawsuits concerned CBP's denial of its protest claiming its steel products should be excluded from Section 232 steel and aluminum tariffs. Counsel for the importer didn't immediately respond to requests for comment (ArcelorMittal Long Products Canada v. United States, #s 21-00342, -00343).
A total of 12 amicus briefs were filed at the U.S. Court of Appeals for the D.C. Circuit last week in conjunction with arguments from two importers challenging the legality of tariffs imposed under the International Emergency Economic Powers Act (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
The Commerce Department abused its discretion in rejecting a submission from respondent Tau-Ken Temir in a countervailing duty investigation, which was filed one hour and 41 minutes late, the U.S. Court of Appeals for the Federal Circuit held on Aug. 4. Judge Todd Hughes filed a dissent in the case, noting that he believes "Commerce has extensive authority to enforce its own deadlines."
The Commerce Department slashed antidumping duty respondent Saha Thai Steel Pipe's antidumping duty rate to zero percent on remand in a case on the administrative review of the AD order on circular welded carbon steel pipes and tubes from Thailand for the 2018-19 review period. The case was remanded after the Court of International Trade said Commerce failed to notify Saha Thai of supposed deficiencies in its submissions (see 2212020060) (PT. Saha Thai Steel Pipe Public Co. v. United States, CIT # 21-00049).
Importers Wego and Galleher didn't waive or forfeit their arguments against the Commerce Department's separate antidumping duty rate calculated in the administrative review of the antidumping duty order on multilayered wood flooring from China for the 2016-17 review period, the importers argued in a July 31 reply brief at the U.S. Court of Appeals for the Federal Circuit (Galleher Corp. v. U.S., Fed. Cir. # 25-1196).
The Commerce Department abused its discretion in rejecting exporter Jindal Poly Films' affiliate questionnaire response as untimely in the administrative review of the countervailing duty order on polyethylene terephthalate film, sheet and strip from India for the 2021 review period, the Court of International Trade held on Aug. 1. Judge Mark Barnett said Commerce failed to consider other factors in rejecting the submission, including the "early stage of the proceeding," the fact that Jindal was selected only after requests for review of all other companies were withdrawn and whether accuracy considerations outweighed the burden on Commerce.
The Court of International Trade on July 31 granted exporter Hindalco Industries' voluntary dismissal of its case on the 2022 administrative review of the countervailing duty order on common alloy aluminum sheet from India. Hindalco filed a complaint in the case in January, arguing that the Commerce Department wrongly found to be specific programs by which Hindalco had been provided bauxite mining rights and coal and bauxite by the government of India for less-than-adequate remuneration. Counsel for Hindalco didn't respond to a request for comment (see 2501130074) (Hindalco Industries v. United States, CIT # 24-00234).
The U.S. Court of Appeals for the Federal Circuit on July 30 granted the government's motion for an extension of time to file a reply brief in a case on whether the Commerce Department had adequate industry support to launch the antidumping duty investigations on oil country tubular goods from Argentina, Mexico, South Korea and Russia. However, the court said the motion is granted "to the limited extent that the United States’s response brief is due no later than" Aug. 4, noting that the reply brief is still due no later than Sept. 3 (Tenaris Bay City v. U.S., Fed. Cir. # 25-1382).
Two monosodium glutamate (MSG) importers told the Court of International Trade in a July 30 complaint that the Commerce Department unlawfully subjected MSG entries from Malaysia that used Chinese glutamic acid to the antidumping duty order on MSG from China retroactively (CPF Legacy v. United States, CIT # 25-00149).