The U.S. in an Oct. 13 motion at the U.S. Court of Appeals for the Federal Circuit asked for 30 more days to file an amicus brief in a case over whether the Commerce Department can conduct expedited countervailing duty reviews. The U.S. originally failed to appear in the case, leading to the appellate court inviting the government to file an amicus brief and address whether Commerce has the authority to engage in expedited CVD reviews (see 2206100045) (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, Fed. Cir. #22-1021).
The Court of International Trade should transfer interest in a case contesting the validity of the lists 3 and 4A Section 301 tariffs filed by Hitachi Astemo Ohio Manufacturing to Hitachi Astemo Americas, counsel for Hitachi Astemo Americas said in a motion for transfer of interest. The U.S. consented to the transfer. Both Hitachi Astemo Ohio Manufacturing's and Hitachi Astemo America's cases are under the massive Section 301 litigation. In July, Hitachi Astemo Ohio Manufacturing assigned all its interests in its case to Hitachi Astemo Americas, making it the real party in interest in Hitachi Astemo Ohio Manufacturing's case, the motion said (Hitachi Astemo Americas v. United States, CIT #20-00973).
The National Marine Fisheries Service illegally denied importer Southern Cross Seafood's application for preapproval to import Chilean sea bass, Southern Cross argued in an Oct. 12 complaint at the Court of International Trade. NMFS said it could not permit the imports given the lack of a Conservation of Antarctic Marine Living Resources Convention (CAMLR) conservation measure for the area in the Atlantic Ocean north of Antarctica where the fish are harvested. Southern Cross argued that the Commission for the CAMLR does not prohibit fishing for the sea bass there in the absence of a conservation measure (Southern Cross Seafoods v. U.S., CIT #22-00299).
The Court of International Trade must dismiss a case accusing the importer and U.S. subsidiary of a Chinese manufacturing company, Wanxiang America Corp., of negligence by making false statements and omissions on its entries of wheel hub assemblies, radial ball and tapered roller bearings, and universal joints and their parts, WXA argued in an Oct. 12 motion.
The following lawsuits were recently filed at the Court of International Trade:
CBP has unlawfully withheld antidumping duty refunds on tire cord quality wire rod from South Korea for years after the Commerce Department rescinded the order and required refunds, Kiswire Inc. (KI) said in an Oct. 12 complaint at the Court of International Trade (Kiswire Inc. v. United States, CIT # 22-00285).
The Commerce Department decided to grant Universal Tube and Plastic Industries a level of trade adjustment in an antidumping duty review on remand at the Court of International Trade. Submitting its redetermination on Oct. 13, Commerce found Universal made its home market sales at two LOTs, though it continued to deny Universal a constructed export price offset. The result was a weighted-average dumping margin of 1.18% for Universal (Universal Tube and Plastic Indus. v. United States, CIT #20-03944).
The Commerce Department must reconsider or further explain its decision not to investigate off-peak electricity provided for less than adequate remuneration, the Court of International Trade held in an Oct. 5 opinion made public Oct.12. Judge Mark Barnett also sent back Commerce's failure to attribute subsidies to a respondent that had been given to the respondent's affiliate in connection with the purchase of steel scrap and a fixed asset. However, Barnett did uphold the agency's decision not to attribute the affiliate's subsidies in connection with the provision of services, raw materials and other fixed assets.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade in an Oct. 12 confidential opinion remanded the Commerce Department's final determination in the countervailing duty investigation on forged steel fluid end blocks from Germany. In a text-only order, Judge Claire Kelly ordered Commerce to reconsider its position that the KAV program -- a concession fee ordinance program for public transport routes -- is a specific subsidy, and its rate calculations for the Electricity Tax Act and the Energy Tax Act. Kelly, in a letter to litigants, gave parties to the case until Oct. 19 to review the confidential information in the opinion (BGH Edelstahl Siegen v. United States, CIT #21-00080).