The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit found the notice of appearance for pencil importer Royal Brush Manufacturing's counsel in the company's appeal of an evasion finding to not be in compliance with the court's rules. Ronald Oleynik of Holland & Knight, the attorney listed on Royal Brush's Entry of Appearance, had not registered for an electronic filer account with the Federal Circuit's filing system. The form must be resubmitted once Oleynik has an electronic filing account, the notice said (Royal Brush Manufacturing, Inc. v. U.S., Fed. Cir. #22-1226).
The Commerce Department dropped its particular market situation adjustment to two antidumping respondent's cost of production in the sales-below-cost test in Dec. 15 remand results submitted to the Court of International Trade. If sustained, the result would cause the dumping rates for the respondents -- HiSteel Co. and Kukje Steel Co. -- to drop to 9.90% and 1.91%, respectively. The move by Commerce is one many in response to prior CIT opinions finding it illegal to make a PMS adjustment to the COP in a sales-below-cost test. Most recently, the U.S. Court of Appeals for the Federal Circuit upheld this principle in a precedential opinion (see 2112100039) (HiSteel Co., Ltd., et al. v. United States, CIT #20-00146).
The Court of International Trade extended on Dec. 16 a mediation period in three cases contesting the Commerce Department's denial of Section 232 exclusion requests, until Feb. 15. The mediation, held by Judge Leo Gordon, was ordered after the consolidated plaintiffs' request for a status conference was denied as moot. The plaintiffs wanted the status conference to discuss the availability of a remedy for already-liquidated entries.
The Court of International Trade on Dec. 17 sustained the Commerce Department's remand results in an administrative review of the antidumping duty order on hot-rolled steel from Japan. Mandatory respondent Tokyo Steel Manufacturing Co. and its importer, Optima Steel International, brought the case to challenge Commerce's liquidation instructions, which included the wrong name for Tokyo Steel, resulting in an improper liquidation since the company had its own rate in the review. Commerce requested the remand to fix the error.
Five Republican Senators filed an amicus brief on Dec. 15 with the U.S. Supreme Court, urging it to take up a case over the limits of the president's authority under the Section 232 national security tariff statute. The brief, signed by Sens. Pat Toomey, R-Pa.; Mike Crapo, R-Idaho; Bill Cassidy, R-La.; Mike Lee, R-Utah; and Ben Sasse, R-Neb., argues against a U.S. Court of Appeals for the Federal Circuit opinion spurning time limits imposed in the statute. The time limits are crucial to ensuring that "Congress makes the major policy decisions regarding the regulation of foreign commerce," the lawmakers said.
The Court of International Trade on Dec. 17 sustained the Commerce Department's final results in the administrative review of the antidumping duty order on freshwater crawfish tail meat from China, covering entries in 2017-2018. Judge Richard Eaton said that, while Commerce could get a more accurate "all-others rate" by tapping more than two mandatory respondents, its decision to only have two and only use one of their rates when establishing the all-others rate was not illegal. The judge also held that Commerce's valuation of the mandatory respondents' live freshwater crawfish factors of production under EU tariff subheading 0306.30.10, providing for live, fresh or chilled freshwater crawfish, is backed by substantial evidence.
Monica Triana, a trial lawyer at the Department of Justice, has joined 15 cases at the Court of International Trade, according to a notice of appearance. All 15 cases are customs battles brought by Trimil S.A., an apparel importer, and concern the question of whether the entries should be appraised at the prices paid with royalties included. Triana joined DOJ in 2014, holding her position as a trial attorney since that time.
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit found that two entries of appearance for Department of Justice attorney Robert Kiepura are not in compliance with court rules, the Federal Circuit said in two Dec. 15 notices. The entry documents were filed after the cases had been assigned to a merits panel, so in order for them to be properly added to the cases, Kiepura must first file a motion for leave to appear, the appellate court said. One case is appealing a July 2020 Court of International Trade decision that upheld the Commerce Department's termination of an old suspension agreement on fresh tomatoes from Mexico (Confederacion de Asociaciones v. U.S., Fed. Cir. #20-2232). The other is challenging a September 2020 decision dismissing a challenge to the final antidumping duty determination on fresh tomatoes from Mexico (Bioparques de Occidente v. U.S., Fed. Cir. #20-2265).