The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the District of Columbia Circuit on July 5 rejected an order by the Federal Maritime Commission that said ocean carrier Evergreen Shipping Agency (America) Corp.'s detention charges collected from trucking company TCW were "unjust and unreasonable." FMC failed to meaningfully respond to Evergreen's arguments, the court said, and the responses the commission did offer were "implausible" (Evergreen Shipping Agency (America) Corp. v. Federal Maritime Commission, D.C. Cir. # 23-1052).
The Solar Energy Industries Association told the U.S. Court of Appeals for the Federal Circuit that the Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo scrapping the doctrine of Chevron deference to federal agencies should compel the appellate court to overturn the deferential standard established in Maple Leaf Fish Co. v. United States (see 2406280051) (Solar Energy Industries Association v. United States, Fed. Cir. # 22-1392).
Antidumping petitioner American Line Pipe Producers Association Trade Committee on July 8 dropped its lawsuit at the Court of International Trade on the 2021-22 administrative review of the antidumping duty order on large diameter welded pipe from Greece. The petitioner brought its suit to claim that the Commerce Department accidentally included offsets for scrap not produced during the investigation period in its calculation of an exporter's normal value (see 2402200076). Counsel for the petitioner didn't immediately respond to a request for comment (American Line Pipe Producers Association Trade Committee v. U.S., CIT # 24-00012).
Glock opposed July 3 a U.S. motion for judgment in the gunmaker’s favor (see 2406280025), calling it “a blatant attempt by the Government to evade this Court’s ruling on the merits of Glock’s claim” (Glock v. U.S., CIT # 23-00046).
No lawsuits were recently filed at the Court of International Trade.
The U.S. and exporters led by Risen Energy Co. agreed July 8 to dismiss a case on the 2017 review of the countervailing duty order on solar cells from China (Risen Energy Co. v. U.S., Fed. Cir. # 24-1524). The government appealed the Court of International Trade decision siding with Risen on the agency's land benchmark calculation and use of adverse facts available pertaining to China's Export Buyer's Credit Program (see 2312200026) (Risen Energy Co. v. U.S., CIT Consol. # 20-03912).
The Commerce Department was right to consider the assembly of hardwood plywood in Vietnam “minor and insignificant” when it reached an affirmative circumvention ruling for 20 Vietnamese exporters, the U.S. said July 2 in response to importers’ and exporters’ multiple motions for judgment (see 2404020054) and 2402020054) (Shelter Forest International Acquisition v. U.S., CIT Consol. # 23-00144).
The International Trade Commission told the Court of International Trade on July 3 that it fully responded to the court's instructions when it reconsidered the data it relied on when measuring in-scope imports from Germany and Mexico, despite claims to the contrary from Russian pipe exporter PAO TMK (PAO TMK v. U.S., CIT # 21-00532).
The U.S. on July 1 claimed that the provision of customs law establishing deemed liquidation except where the determinations of admissibility are vested in an agency other than CBP "broadly applies" to all agencies that can make admissibility determinations and not just those capable of carrying them out (Inspired Ventures v. U.S., CIT # 24-00062).