The U.S. will appeal a June Court of International Trade opinion upholding the Commerce Department's remand results in a suit on the administrative review of the antidumping duty order on multilayered wood flooring from China. The remand results dropped the presumption the Chinese government controlled exporter Jilin Forest Industry Jinqiao Flooring Group Co. after the trade court questioned whether Commerce could disregard a mandatory respondent's own data in favor of the countrywide nonmarket economy rate (see 2305040061).
The Maritime Administration illegally approved the Sea Port Oil Terminal (SPOT), which would be the largest offshore oil export terminal in the U.S., by not conducting analysis on "critical environmental harms and Congressional licensing requirements," conservation groups led by Citizens for Clean Air & Clean Water argued in a reply brief. Responding to arguments made by the Department of Transportation in the U.S. Court of Appeals for the 5th Circuit, the conservation groups said the agency's request for deference in the case evades its "legal failings" (Citizens for Clean Air & Clean Water in Brazoria County v. U.S. Department of Transportation, 5th Cir. # 23-60027).
No explanation could make the Commerce Department's use of the Cohen's d test, used to root out "masked" dumping, reasonable, the Canadian government and eight Canadian exporters argued in a proposed amicus brief at the U.S. Court of Appeals for the Federal Circuit. Seeking to tack their arguments onto the case in which the appellate court originally questioned the agency's use of the test, the amici said that Commerce is not using the d test "in any coherent sense" (Stupp Corp. v. U.S., Fed. Cir. # 23-1663).
Former CBP attorney Coraly Schreiber joined trade boutique firm Yormick Law as of counsel, Jon Yormick, the firm's founder, confirmed in an email. Schreiber most recently served as managing attorney at Diaz Trade Law in Miami, and before that worked for 19 years at CBP, including a one-year stint as branch chief for the Fines, Penalties and Forfeitures Division, according to her LinkedIn page,
The U.S. asked for more time to file its reply to importer PrimeSource's writ of certiorari at the U.S. Supreme Court in its case challenging President Donald Trump's expansion of Section 232 steel and aluminum duties onto "derivative" products. The government asked for another month, until Sept. 25, to complete its brief, explaining its response was delayed due to the "heavy press of earlier assigned cases to the attorneys handling this matter." The brief is due Aug. 24.
Investors in Mississippi's public employees' retirement system sued Seagate Technology Holdings for deceiving its investors and causing them to buy Seagate stock at "artificially inflated prices" related to its conduct in illegally exporting hard disk drives to China. (Public Employees' Retirement System of Mississippi v. Seagate Technology Holdings, N.D. Cal. # 3:23-03711).
Three plaintiffs in an Enforce and Protect Act case at the Court of International Trade cited the U.S. Court of Appeals for the Federal Circuit's recent decision in Royal Brush Manufacturing Co. v. U.S. as being "directly relevant" to their own lawsuit. In Royal Brush, the Federal Circuit said CBP violated importer Royal Brush's due process rights by refusing to provide it access to the business confidential information in the EAPA proceeding (see 2307270038). In their case against CBP's finding of evasion of the AD/CVD orders on glycine from China, plaintiffs Newtrend USA Co., Starille and Nutrawave Co. said the Royal Brush decision relates to their first count, which also says CBP violated their due process rights. The companies said they are prepared to submit briefs on the significance of the opinion ahead of the deadline for the U.S. and the petitioner to submit their reply briefs (Newtrend USA Co. v. U.S., CIT # 22-00347).
The Court of International Trade should toss a case from Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) challenging the International Trade Commission's decision not to reconsider its injury finding on hot-rolled steel from Turkey for lack of jurisdiction, four U.S. steel companies said. Filing a motion to dismiss at the trade court on July 31, Cleveland-Cliffs, Nucor Corp., Steel Dynamics and SSAB Enterprises argued that Section 1581(i), the court's "residual" jurisdiction, is not the proper jurisdiction for the case since Erdemir could have sought relief under Section 1581(c) (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00349).
The Commerce Department committed a host of errors in its 2020 review of the countervailing duty order on multilayered wood flooring from China, mandatory respondent Riverside Plywood Corp. and its cross-owned affiliate Baroque Timber Industries (Zhongshan) Co. said in a July 31 complaint at the Court of International Trade. The result of the review was a 17.06% CVD rate for the companies (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 23-00136).
The following lawsuit was recently filed at the Court of International Trade: