The U.S. wants more than 7,000 words for its reply in support of its motion for judgment in a case against surety Aegis Security Insurance Co., looking to collect on a bond due 14 years ago. Filing a consent motion for leave to exceed the word limit for its brief, the U.S. said that it wants another 3,000 words, for a total of 10,000, "given the volume and complexity of the issues involved" (United States v. Aegis Security Insurance Co., CIT #20-03628).
Plaintiff GreenFirst Forest Products submitted a notice of supplemental authority in a Court of International Trade case over the Commerce Department's refusal to initiate a successor-in-interest changed circumstances review (CCR) in a countervailing duty case. In the notice, GreenFirst alerted the court to its filing of a CCR request to find that GreenFirst is the successor-in-interest to Rayonier A.M. Canada (RYAM) in a related antidumping case. After filing in the AD case, Commerce found that information submitted supports starting a successor-in-interest CCR for AD purposes (GreenFirst Forest v. U.S., CIT #22-00097).
The Commerce Department will revisit its approach to "analyzing and determining the existence of a [particular market situation] that distorts costs of production" in antidumping duty proceedings, given the U.S. Court of Appeals for the Federal Circuit's opinion in Nexteel v. United States. Releasing an advance notice of proposed rulemaking in the Nov. 18 Federal Register, Commerce said that it is seeking public comments on what evidence it should and shouldn't consider when finding whether a PMS exists that supports the COP and when the amount of distortion in the COP caused by a PMS cannot be quantified based on the record.
The Commerce Department properly held and explained that antidumping duty respondent Dongkuk S&C Co.'s reported steel plate costs do not reasonably reflect the cost of making wind towers in an antidumping duty investigation, the Court of International Trade ruled in a Nov. 17 opinion. Judge Leo Gordon also held that Commerce properly used exporter SeAH Steel Holdings Corp.'s 2018 consolidated financial statement as the basis for constructed value calculations for Dongkuk's profit and selling expenses.
The U.S. Court of Appeals for the Federal Circuit denied appellant PrimeSource Building Products' motion for a stay in a case on an antidumping duty review on steel nails from Taiwan. The U.S. opposed the stay, which would have stopped litigation until the resolution of Mid Continent Steel & Wire v. U.S., on the grounds that the stay is "based on nothing but pure speculation as to" the appellant's desired outcome in Mid Continent (PrimeSource Building Products Inc. v. U.S., Fed. Cir. #22-2128).
The Court of International Trade has the jurisdiction to hear all claims brought by plaintiffs led by Bioparques de Occidente concerning the Commerce Department's continued antidumping duty investigation after a suspension agreement was terminated, the plaintiffs argued in a Nov. 14 reply brief at the Court of International Trade (Bioparques de Occidente v. U.S., CIT Consol. #19-00204).
The Commerce Department continued to rely on antidumping duty respondent Dillinger France's normal books and records as facts otherwise available to fill in missing cost of production data. Submitting remand results on Nov. 16 to the Court of International Trade, Commerce said that using Dillinger's normal books and records to value both prime and non-prime merchandise "is the only reasonable approach" since it recognizes that where Dillinger cannot make all its merchandise perfectly, the lost value of the imperfect products is actually a cost of making the perfect goods "and should be accounted for as such" (Dillinger France S.A. v. United States, CIT #17-00159)
The Court of International Trade on Nov. 16 released the public version of its Nov. 15 opinion dismissing a conflict-of-interest suit filed by plaintiffs led by Amsted Rail Company seeking to removeDaniel Pickard and his firm Buchanan Ingersoll from an International Trade Commission injury proceeding for lack of subject matter jurisdiction. Judge Gary Katzmann ruled that while the court does have the jurisdiction to review the ITC's decision to grant Pickard and Buchanan access to business proprietary information (BPI), it does not have this jurisdiction under Section 1581(i) -- the court's "residual" jurisdiction. The judge left the door open for the plaintiffs to refile their case under Section 1581(c) "once a claim under" this provision "is ripe."
The following lawsuits were recently filed at the Court of International Trade:
Ruling against the Commerce Department's use of a particular market situation adjustment when normal value is based on constructed value "could render the provisions Congress enacted to empower Commerce to address distortive" PMS adjustments "a dead letter in most" AD proceedings, petitioner Wheatland Tube argued in a Nov. 14 reply brief. Responding to the appellee Saha Thai Steel Pipe Public Co.'s arguments for summary affirmance in the case, given the U.S. Court of Appeals for the Federal Circuit's key opinion in Hyundai Steel v. U.S., Wheatland said that Commerce's PMS adjustment actually squares with Hyundai Steel (Saha Tahi Steel Pipe Public Co. v. United States, Fed. Cir. #22-1175).