Antidumping petitioner Mid Continent Steel & Wire asked the U.S. Court of Appeals for the Federal Circuit for an expedited briefing schedule in a case on the Commerce Department's use of adverse facts available due to a 16-minute late submission (Oman Fasteners v. U.S., Fed. Cir. # 23-1661).
The U.S. this week charged FTX founder Sam Bankman-Fried with violating the Foreign Corrupt Practices Act's anti-bribery provisions. Filing a superseding indictment at the U.S. District Court for the Southern District of New York March 27, the U.S. Attorney's Office said Bankman-Fried and others paid around $40 million in cryptocurrency to one or more Chinese government officials to "induce them" to unfreeze certain cryptocurrency trading accounts held by one of Bankman-Fried's companies, Alameda Research (U.S. v. Samuel Bankman-Fried, S.D.N.Y. # 22-00673).
Oil country tubular goods exporter Husteel Co. told the U.S. Court of Appeals for the Federal Circuit that it does not intend to participate in an appeal over the Commerce Department's use of the Cohen's d test as part of its differential pricing analysis to root out "masked" dumping. Husteel made the declaration in response to the court's notice to the company regarding its counsel's entry of appearance and certificate of interest. The appeal was recently reactivated following a Court of International Trade decision upholding the agency's use of the d test (see 2303070042) (SeAH Steel v. U.S., Fed. Cir. # 23-1109).
The U.S. Court of Appeals for the 9th Circuit temporarily suspended a False Claims Act case over whether Sigma Corp. and other companies failed to pay antidumping duties on pipe fitting imports. The court ordered the case "held in abeyance" because of pending cases before the U.S. Court of Appeals for the Federal Circuit and the U.S. Supreme Court.
Congress intended for subsidies given to "disparate processed agricultural products" to be countervailable under countervailing duty laws, the Coalition for Fair Trade in Ripe Olives argued in a reply brief at the U.S. Court of Appeals for the Federal Circuit. Responding to arguments from three Spanish olive exporters against the Commerce Department's "substantially dependent finding" in the Spanish olives CVD investigation, the coalition said that Commerce "responsibly interpreted the statutory language broadly" and in line with statutory intent (Asociacion de Exportadores e Industriales de Aceitunas de Mesa v. U.S., Fed. Cir. # 23-1162).
Estonian electronics exporter By Trade OU asked a court to issue a sentence against the company that would require it to forfeit all its assets as punishment for violating U.S. export controls against Russia. Filing a sentencing memorandum with the U.S. District Court for the District of Connecticut, By Trade OU offered up its remaining assets, totalling over $337,000, since it would not be able to pay any fine ordered by the court "due to its financial resources." The company said it would then "cease operations" (United States v. By Trade OU, D. Conn. # 22-00110)
No lawsuits were recently filed at the Court of International Trade.
The Court of International Trade did not direct the Commerce Department to account for compliance costs incurred by countervailing duty respondent BGH Edelstahl Siegen in the agency's subsidy calculations, the U.S. argued in defense of its decision not to consider BGH's costs of compliance with Germany's Electricity Tax Act and Energy Act Act (BGH Edelstahl Siegen v. U.S., CIT # 21-00080).
The statute of limitations for collection of duties under a bond expires six years after the relevant entries are liquidated, surety Aegis Security Insurance Co. said in its response to a customs penalty complaint from the government. Aegis disputed the U.S. claim that the calculation of delinquency runs from the billing of the subject entry (U.S. v. Aegis Security Insurance Co., CIT # 22-00327).
The Supreme Court of the U.S. denied a petition for a writ of certiorari in a broad challenge to President Donald Trump's steel and aluminum tariff action under Section 232.