Judge Stephen Vaden of the Court of International Trade said he did not understand why CIT cases involving presidential decisions or constitutional claims are not allowed direct appeals to the Supreme Court. Speaking March 8 on the "Original Jurisdiction" podcast, Vaden detailed the way constitutional claims are heard at CIT and explained how they are different from other federal courts.
Roger Ng, former managing director of The Goldman Sachs Group, was sentenced on March 9 to 10 years in prison for violating the Foreign Corrupt Practices Act as part of the 1Malaysia Development Berhad scandal, the U.S. Attorney's Office for the Eastern District of New York said. Federal prosecutors sought 15 years for the investment banker.
The Court of International Trade should halt proceedings in an antidumping duty case filed by HiSteel until after the deadline to appeal the trade court's recent decision in Stupp v. U.S., AD petitioner Nucor Tubular Products said in a March 9 motion. In Stupp, CIT said that the Commerce Department adequately addressed all questions raised by the U.S. Court of Appeals for the Federal Circuit on the use of the Cohen's d test as part of the differential pricing analysis to root out "masked" dumping (see 2302270049) -- a "virtually identical" issue to one argued in HiSteel's case, Nucor said (HiSteel Co. v. United States, CIT # 22-00142).
Plaintiff-appellants led by Carbon Activated Tianjin were not required to exhaust their arguments against the use of Malaysian import data under Harmonized System subheading 2708.10 to calculate a surrogate value for coal tar because Commerce used data from the subheading for the first time in the antidumping duty review's final results, counsel for Carbon Activated told the U.S. Court of Appeals for the Federal Circuit during March 7 oral arguments (Carbon Activated Tianjin Co. v. United States, Fed. Cir. # 22-1298).
The following lawsuit was recently filed at the Court of International Trade:
The Commerce Department failed to provide antidumping duty respondent CPW America Co. with a chance to comment on the agency's change in methodology, which resulted in a change from a zero percent dumping rate to one derived from total adverse facts available, CPW and Corinth Pipeworks Pipe Industry argued in a March 3 reply brief at the Court of International Trade. CPW said that Commerce illegally used AFA based on an "erroneous conclusion" that the respondent's reported costs were not reconciled to its normal books and records (Corinth Pipeworks Pipe Industry v. United States, CIT # 22-00063).
The Court of International Trade erred in finding that importer Rimco was required to raise its claims that antidumping and countervailing duty rates violated the U.S. Constitution's Eighth Amendment regarding excessive fines before the Commerce Department administratively, Rimco told the U.S. Court of Appeals for the Federal Circuit in a March 8 reply brief (Rimco v. United States, Fed. Cir. # 22-2079).
The Court of International Trade remanded the Commerce Department's decision not to use adverse facts available for Assan Aluminyum Sanayi ve Ticaret's billing adjustments in an antidumping duty investigation on common alloy aluminum sheet from Turkey, in a March 1 opinion made public March 8.
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on March 6 reactivated an appeal from U.S. Steel that had been on hold pending a bid to reconsider the underlying Court of International Trade decision (see 2211020073). CIT in February denied SeAH Steel's motion for reconsideration of its decision upholding the Commerce Department's use of the Cohen's d test as part of its differential pricing analysis to root out "masked" dumping (SeAH Steel v. U.S., Fed. Cir. # 23-1109).