Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.

Responding to a request by the court, multiple parties filed four different briefs addressing the impact of Loper Bright on litigation regarding the use of a differential pricing analysis in a Canadian lumber review (Government of Canada v. United States, CIT Consol. # 23-00187).

Importer Eteros Technologies asked the Court of International Trade for an expedited briefing schedule in its suit alleging that CBP retaliated against the company's executives after the company received a favorable ruling at the Court of International Trade (see 2501300018). Eteros said a speedy resolution of the case is needed "to resolve the legal uncertainties created by CBP’s defiance of this Court’s Article III powers and the reach of its national jurisdiction" and its "prior judgments and orders" (Eteros Technologies USA v. United States, CIT # 25-00036).

No lawsuits have been filed recently at the Court of International Trade.

Countervailing duty petitioner Nucor Corp. will appeal a Court of International Trade case on whether the Commerce Department can countervail three debt-to-equity infusions made to exporter KG Dongbu Steel Co. in the 2019 CVD review on corrosion-resistant steel products from South Korea. In the case, Judge Jennifer Choe-Groves said Commerce couldn't countervail the D/E swaps after previously refusing to do so in the prior CVD reviews, without finding a mistake of fact or analysis (see 2407030073). The judge then upheld the agency's decision not to countervail the restructurings on remand, finding that the evidence didn't support finding that the South Korean government pressured non-governmental institutions to take part in debt restructuring (see 2501170044) (KG Dongbu Steel Co. v. United States, CIT # 22-00047).

CBP agreed to return the liquidation status of 830 softwood lumber entries of importer Fraserview Remanufacturing to unliquidated while it awaits further instructions from the Commerce Department on how to treat the entries following the relevant antidumping duty and countervailing duty proceedings. The U.S. and Fraserview filed a stipulation for entry of judgment at the Court of International Trade in the importer's case against CBP's erroneous designation of the entries as deemed liquidated (Fraserview Remanufacturing v. United States, CIT # 23-00063).

The government "mostly dodges" the arguments customs broker license exam taker Skeeter-Jo Stoute-Francois makes against four questions on the exam and "baselessly and repeatedly accuses" her of rewriting the challenged questions, counsel for Stoute-Francois argued in a reply brief at the Court of International Trade. The brief said the U.S. "advances a series of impermissible post hoc justifications, misconstrues the applicable standard of review, fails to address several of Plaintiff’s arguments, and improperly relies" on past CIT cases (Skeeter-Jo Stoute-Francois v. Janet Yellen, CIT # 24-00046).

In its opposition to a reconsideration request in a vehicle sidebar classification case, the U.S. “misleads” the court by claiming that exporter Keystone Automotives was attempting to relitigate its position. Actually, the exporter said, its request is “based on the standard of review of the tariff exclusion” Keystone had relied on in its initial arguments (Keystone Automotive Operations v. U.S., CIT # 21-00215).

Surety firm Aegis Security pushed back again (see 2410220026) on the U.S. lawsuit to recover unpaid duties from 2002. The long delay between liquidation and request for payment -- after CBP “likely lost the entry papers for multiple years” -- meant the U.S. could no longer reasonably expect anything from Aegis, it said (United States v. Aegis Security Insurance Co., CIT # 22-00327).

CBP reversed its finding that importer Scioto Valley Woodworking didn't evade the antidumping and countervailing duty orders on wooden cabinets and vanities from China, on remand at the Court of International Trade, finding that the evidence indicates the importer skirted the orders. CBP said that the contents of a "finished goods warehouse" owned by Alno Industry, Scioto's affiliated Malaysian supplier, and the "extent of operational control exercised by Scioto's and Alno's parent company," Qingdao Haiyan Group Co., prompted the reversal (American Kitchen Cabinet Alliance v. United States, CIT # 23-00140).