DOJ asked the Court of International Trade in an Aug. 1 motion on behalf of the Office of the U.S. Trade Representative for permission to correct the administrative record in the Section 301 litigation to include 136 pages of documents not previously submitted in the cases. Virtually all the documents previously were in the public domain, and they include mostly news releases and Federal Register notices announcing USTR actions connected with the imposition of the four rounds of Section 301 tariffs on Chinese imports dating to 2018.
The following lawsuits were recently filed at the Court of International Trade:
Companies to Appeal CIT Decision Tossing Section 232 Exclusion Challenge Due to Unliquidated Entries
Plaintiffs Borusan Mannesmann Boru Sanayi ve Ticaret and Gulf Coast Express Pipeline will appeal a Court of International Trade decision dismissing a case seeking Section 232 steel and aluminum tariff exclusions (see 2206100048). Per a July 29 notice of appeal, the plaintiffs are taking the case to the U.S. Court of Appeals for the Federal Circuit. In the opinion, the trade court said that the court lacks subject matter jurisdiction since the subject entries are unliquidated, and that the plaintiffs failed to show that CBP's decision not to issue refunds before liquidation constitutes a protestable decision (Borusan Mannesmann Boru Sanayi ve Ticaret v. United States, CIT #21-00186).
The Court of International Trade should deny exporter Dong-A Steel Co.'s bid to intervene in an antidumping duty case, the U.S. argued in a July 28 brief at the trade court. DOJ argued that Dong-A cannot show that it will suffer injury over the Commerce Department's finding over plaintiff HiSteel Co.'s dumping margin since Dong-A got its own individual dumping margin for its exports that would be unaffected by any decision in HiSteel's case (HiSteel Co. v. United States, CIT #22-00142).
Ellwood City Forge Company is attempting to relitigate a case without offering anything new through its bid for reconsideration at the Court of International Trade, defendent-intervenor Metalcam said in a July 29 opposition brief (Ellwood City Forge Company, et al. v. United States, CIT #21-00073).
The following lawsuits were recently filed at the Court of International Trade:
U.S. Steel will appeal a Court of International Trade ruling that found the Commerce Department appropriately determined an Australian exporter didn't reimburse an affiliated importer for antidumping duties paid and was correct not to deduct the amount of antidumping duties paid from the exporter's U.S. price (see 2206100066). U.S. Steel will take the case to the U.S. Court of Appeals for the Federal Circuit, the plaintiff said in a July 27 notice of appeal. The case concerns the administrative review of the AD duty order on hot-rolled steel flat products from Australia. CIT Judge Richard Eaton said the sale between exporter BlueScope Steel and the affiliated importer BlueScope Steel Americas was a "garden variety transaction among an exporter, an importer, and an unaffiliated purchaser" (U.S. Steel v. U.S., CIT #20-03815).
The Commerce Department illegally used total adverse facts available on the grounds that antidumping respondent Kumar Industries failed to fully cooperate to the best of its ability, Kumar said in a July 28 brief at the Court of International Trade. Commerce's position that Kumar failed to hand over all of the information regarding its affiliation status is incorrect since the respondent gave "extensive information" on its affiliation status with two unnamed companies "at every occasion in the form and manner requested by Commerce," the brief said (Kumar Industries v. United States, CIT #21-00622).
The U.S. Court of Appeals for the Federal Circuit in a July 28 opinion held that CBP timely liquidated or reliquidated 10 entries of wooden bedroom furniture. The court ruled that the first unambiguous indication that an injunction against liquidation had ended came from liquidation instructions from the Commerce Department that were sent within the six months prior to liquidation, making the liquidation of the entries timely.
The following lawsuits were recently filed at the Court of International Trade: