A lawsuit from U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman against her colleagues' investigation into her fitness to continue serving on the bench should be dismissed, CAFC Judges Kimberly Moore, Sharon Prost and Richard Taranto argued in a Sept. 1 motion to dismiss. The judges -- who comprise the three-judge panel carrying out the investigation on the 96-year-old Newman -- said that Newman's suit "suffers from fatal jurisdictional flaws" (The Hon. Pauline Newman v. The Hon. Kimberly A. Moore, D.D.C. # 23-01334).
The U.S. and antidumping duty petitioner Wind Tower Trade Coalition failed to respond to the "critical arguments" raised by exporter Dongkuk S&C Co. in a case on the AD investigation on utility scale wind towers from South Korea, Dongkuk told the U.S. Court of Appeals for the Federal Circuit. In a Sept. 1 reply brief, Dongkuk said both the government and the coalition did not, or could not, establish that the Commerce Department relied on substantial evidence when it weight averaged the respondent's steel plate cost for all reported control numbers (CONNUMs) (Dongkuk S&C Co. v. U.S., Fed. Cir. #23-1419).
Byungmin Chae, a Nebraska man who took the customs broker license exam, petitioned the Supreme Court of the U.S. to hear his appeal of his test results. Chae appealed his test results to CBP, the Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, receiving credit for some of the question answers he challenged, but ultimately falling just one correct answer shy of a passing grade on the April 2018 exam (Byungmin Chae v. Janet Yellen, U.S. Sup. Ct. # 23-200).
China recently passed a law permitting Chinese courts to hear lawsuits against foreign governments, ending the nation's policy of absolute state immunity. A spokesperson for the Ministry of Commerce said that the law "affirms the fundamental principle that a foreign State and its property enjoy immunity in China," while noting that certain exceptions now exist for disputes involving "a commercial activity, relevant personal injury and property damage." The spokesperson said the law complies with international legal rules.
The following lawsuits were recently filed at the Court of International Trade:
Counsel for importer Magid Glove & Safety Manufacturing Co. was allowed by the U.S. Court of Appeals for the Federal Circuit to appear remotely for the company's oral argument in its customs suit on plastic-dipped knit gloves. Magid Gloves brought its case to the appellate court after the Court of International Trade said the gloves belong under Harmonized Tariff Schedule heading 6116 instead of under heading 3926 (see 2203280037). In its arguments, the importer said the case rests on the definition of "completely embedded," claiming that "if the knit fabric making up the shell of the glove is completely embedded in plastic, the gloves" would not fit under Section XI and, thus, from heading 6116 (Magid Glove & Safety Manufacturing Co. v. United States, Fed. Cir. # 22-1793).
The U.S. Court of Appeals for the Federal Circuit issued its mandate Sept. 1 in a case on the Commerce Department's use of adverse facts available against countervailing duty respondent Jangho Group. In a ruling on the 2013 review of the CVD order on aluminum extrusions, the appellate court upheld the Court of International Trade in its ruling that Commerce properly found the Chinese government and Jangho Group failed to respond to the best of their ability on whether aluminum extrusions producers are "authorities" (see 2205100076) (Taizhou United Imp. & Exp. Co. v. U.S., Fed. Cir. # 22-2000).
The U.S. asked the Court of International Trade for a voluntary remand in a countervailing duty case to reconsider the calculation of benchmark prices for land and ocean freight. The government said its practice regarding the calculation of these figures has evolved since the present case was brought by Risen Energy Co. and JA Solar on the 2019 review of the CVD order on solar cells from China (Risen Energy Co. v. United States, CIT Consol. # 22-00231).
The Commerce Department must reconsider its decision not to investigate the alleged off-peak sale of electricity for less than adequate remuneration to countervailing respondent POSCO, the Court of International Trade ruled in an Aug. 21 opinion made public Sept. 4. Judge Mark Barnett again remanded the issue after finding that Commerce failed to clearly articulate a standard and apply that standard regarding petitioner Nucor Corp.'s allegation as part of the 2018 review of the CVD order on carbon and alloy steel cut-to-length plate from South Korea.
The following lawsuit was recently filed at the Court of International Trade: