World Trade Organization members taking part in the Fossil Fuel Subsidy Reform negotiations Nov. 24 discussed a prospective work plan, an updated ministerial statement and a set of tangible options to "advance fossil fuel subsidy reform" at the 13th Ministerial Conference in February, the WTO said.
The EU General Court on Nov. 29 accepted the second application from Alexander Pumpyanskiy, son of Russian oligarch Dmitry Pumpyanskiy, to annul his sanctions relisting, according to an unofficial translation. The court rejected his claim for damages. Pumpyanskiy was sanctioned in March 2022 after Russia's invasion of Ukraine, because of his relationship to Dmitry Pumpyanskiy, and because he was president and board member of the Sinara Group.
Amendments to the U.S. Court of Appeals for the Federal Circuit's rules took effect Dec. 1. The court amended Forms 6a and 24, adding that the amended forms will be required for any filings made on or after Dec. 1, a court notice said. Form 24 "satisfies the Bill of Costs form requirementsa" under Federal Circuit Rule 39(b), while Form 6A "satisfies the requirement for incarcerated movants to file a supplemental form for prisoners," under CAFC Rule 24(b).
The Court of International Trade on Dec. 1 stayed for 60 days a case on the Commerce Department's refusal to grant Section 232 steel and aluminum tariff exclusions so the parties can conclude the voluntary remand process and "effectuate" Commerce's remand results. The agency changed course last year, granting the exclusions for importer Mirror Metals after finding that the relevant steel article could not be made at a sufficient level in the U.S. (see 2204190016) (Mirror Metals v. United States, CIT # 21-00144).
Japanese exporter Nippon Steel Corp. failed to exhaust its claim that Section 232 duties weren't included in the prices it charged to its unrelated U.S. buyers in a trio of the exporter's cases against three antidumping reviews of hot-rolled steel flat products from Japan, AD petitioner Nucor Corp. argued. Filing a supplemental brief to the Court of International Trade on Dec. 1, Nucor said that Nippon Steel failed to raise the argument in any of the three reviews and failed to plead the claim "with sufficiency," thereby waiving the argument (Nippon Steel Corp. v. United States, CIT # 21-00533, 22-00183, 23-00112).
The Commerce Department relied on incomplete data when it used a Tier 3 benchmark calculation methodology in the 2020-21 review of the countervailing duty order on phosphate fertilizers from Russia, U.S. importer Archer Daniels Midland Co. argued in a Dec. 1 complaint at the Court of International Trade (Archer Daniels Midland Co. v. United States, CIT # 23-00239).
The Court of International Trade's recent decision that it has subject matter jurisdiction in a challenge to an addition to the Uyghur Forced Labor Prevention Act Entity List "directly addresses" a jurisdictional issue raised by the trade court in a separate action, importer Southern Cross said in a Dec. 1 notice of supplemental authority. CIT's ruling in Ninestar Corp. v. U.S. shows that the court has jurisdiction to hear the importer's case on the National Marine Fisheries Service's rejection of importer Southern Cross Seafoods' application for preapproval to import Chilean sea bass, the brief said (Southern Cross Seafoods v. United States, CIT # 22-00299).
The EU General Court on Nov. 29 rejected Russian oligarch German Khan's challenge to his sanctions listing, according to an unofficial translation. The listing criteria had a proper legal basis and were not disproportional, the court said.
Importer Click Heat filed a notice of dismissal at the Court of International Trade on Nov. 29 in its customs suit regarding its heat packs. The importer filed the suit to challenge CBP's dismissal of its protest claiming the heat packs should receive first sale valuation. Counsel for Click Heat declined to comment (Click Heat v. United States, CIT # 21-00119).
The Commerce Department improperly came to the conclusion that Indian exporter Balkrishna Industries didn't use, or benefit from, India's Advanced Authorization Scheme in the 2021 countervailing duty review on new pneumatic off-the-road tires from India, petitioner Titan Tire Corp. argued in a Nov. 28 complaint. Titan Tire said that Commerce based its finding on a "post hoc, incomplete, and cursory examination" conducted by the Indian government related to the program (Titan Tire Corp. v. United States, CIT # 23-00233).