No lawsuits were recently filed at the Court of International Trade.
Arguments from the U.S. and countervailing duty petitioner Coalition for Fair Trade in Ripe Olives related to the Commerce Department's "substantially dependent" finding in the Spanish olives CVD investigation are "part predictable and part remarkable," two Spanish olive growers and a Spanish olive trade group told the U.S. Court of Appeals for the Federal Circuit in a reply brief (Asociacion de Exportadores e Industriales de Aceitunas de Mesa v. United States, Fed Cir. # 23-1162).
U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman filed suit in the U.S. District Court for the District of Columbia in a bid to stop CAFC Judge Kimberly Moore's investigation of Newman's fitness to continue serving on the court. Retaining the New Civil Liberties Alliance as counsel, Newman argued that the fitness proceedings constitute a violation of the separation of powers as spelled out in the U.S. Constitution (The Hon. Pauline Newman v. The Hon. Kimberly A. Moore, D.D.C. # 23-01334).
The following lawsuit was recently filed at the Court of International Trade:
Byungmin Chae filed a petition May 9 for a rehearing of a U.S. Court of Appeals for the Federal Circuit opinion that landed him one question shy of passing the customs broker exam he took in April 2018. The multiple choice question asked which mail articles are not subject to CBP examination or inspection (Byungmin Chae v. Janet Yellen, Fed. Cir. # 22-2017).
The U.S. Court of Appeals for the Federal Circuit should not allow countervailing duty respondent Tau-Ken Temir to "continually revise its opening brief under the guise of a Notice of Correction," CVD petitioners Globe Specialty Metal and Mississippi Silicon argued in a reply brief. Voicing their opposition to TKT's and the Kazakh Ministry of Trade Integration's request to file a fourth opening brief, Globe and Mississippi Silicon said that "even a cursory review of the changes" shows a "litany of changes that are substantive in nature, including new arguments and sentences, deletions of material, and large-scale replacements of discussion" (Tau-Ken Temir v. United States, Fed. Cir. # 22-2204).
Importer Farrier Product Distribution settled its case originally challenging Section 232 steel and aluminum duties on "derivative" products, securing refunds of the duties, the company told the Court of International Trade in a motion to voluntarily dismiss its case. Farrier said the parties sought to "resolve the legal controversy that gave rise to this matter," adding that the U.S. and the importer have been "successful in that effort" (Farrier Product Distribution v. United States, CIT # 20-00098).
The Court of International Trade erred in failing to grant importer Meyer Corp. first sale treatment when valuing its cookware imports, the importer told the U.S. Court of Appeals for the Federal Circuit in its opening brief. In one of "two major assignments of error," Meyer said CIT impermissibly rejected first sale prices based on the absence of financial information from Meyer's parent company, Meyer International Holdings (Meyer Corp. v. United States, Fed. Cir. #23-1570).
The U.S. District Court for the Southern District of New York should toss the U.S. claim that FTX crypto-exchange founder Sam Bankman-Fried violated the Foreign Corrupt Practices Act's anti-bribery provision since the government failed to allege an essential element of the FCPA, Bankman-Fried said in a motion to dismiss. The U.S. said payments were made to unfreeze assets belonging to cryptocurrency firm Alameda Research but didn't say payments were made to "secure or retain a contract with a foreign government agency, gain an unfair advantage, or achieve an objective of the sort addressed in the FCPA’s text or legislative history or in relevant caselaw" (U.S. v. Samuel Bankman-Fried, S.D.N.Y. # 22-00673).
Exporter SeAH Steel Corp. moved to voluntarily toss its appeal at the U.S. Court of Appeals for the Federal Circuit on the Commerce Department's use of the Cohen's d test, which is used to identify "masked" dumping. All the other parties in the case consented to the dismissal, SeAH said. The move comes just days after Maverick Tube Corp, Tenaris Bay City and IPSCO Tubulars said they no longer would participate in the proceedings (see 2305040021). Recently, the Court of International Trade said Commerce answered questions raised by the Federal Circuit on the use of the d test (see 2302270049) (SeAH Steel Corp. v. United States, Fed. Cir. # 23-1657).