The Court of International Trade on Sept. 3 sustained the Commerce Department's application of its quarterly cost methodology to analyze exporter Officine Tecnosider's sales during the 2020-21 administrative review of the antidumping duty order on steel plate from Italy. Judge Claire Kelly said Commerce adequately explained its approach, which stemmed from difficulties using Tecnosider's U.S. sales to analyze correlations between sales and costs of production, and why it "produces reasonable and reliable results."

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Judges at the U.S. Court of Appeals for the Federal Circuit last week appeared skeptical of arguments made by counsel for Midwest-CBK that its goods sent to U.S. customers from Canadian warehouses weren't sold "for exportation into the United States" and thus were properly liquidated using deductive value (Midwest-CBK v. U.S., Fed. Cir. # 24-1142).

The Court of International Trade on Sept. 6 said enforcement of Pacer's updated password standards has been "temporarily delayed" in light of long wait times over the weekend at the Pacer Service Center. The court asked that "only users who receive a prompt to enroll in [multifactor authentication] when they log in should do so." Otherwise, "no action is necessary."

Detroit Axle, the company challenging President Donald Trump's decision to eliminate the de minimis threshold on goods from China, moved to set aside the Court of International Trade's stay of its case pending the lead suit on tariff action taken under the International Emergency Economic Powers Act. The company said while the relief it's seeking initially overlapped with the relief sought by the plaintiffs in the lead tariff suit, that's "no longer the case" in light of Trump's recent executive order rescinding the de minimis threshold globally (Axle of Dearborn d/b/a Detroit Axle v. United States, CIT # 25-00091).

In oral arguments Sept. 5, steel rebar petitioner Rebar Trade Action Coalition and Turkish exporter Kaptan Demir attempted to define whether a Turkish shipbuilding company, which sold scrap to Kaptan during the review period, was the exporter’s cross-owned input supplier (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, Fed. Cir. # 24-1431).

The Court of International Trade on Sept. 8 dismissed exporter Pipe & Piling Supplies' case against the 2022-23 administrative review of the antidumping duty order on large diameter welded pipe from Canada, for lack of subject-matter jurisdiction. Judge Jane Restani said the company failed to notify the other interested parties of its lawsuit as required by the USMCA, as required by 19 U.S.C. 1516a(g)(3)(B), adding that this requirement is a jurisdictional one.

The U.S. settled its case, which involved $5.8 million in unpaid duties and penalties against tire importer Katana Racing Inc. on Aug. 29, with more of the details appearing in a Sept. 3 filing. Katana agreed to pay $2.35 million (United States v. Katana Racing, CIT # 19-00125).

The U.S. asked the U.S. Court of Appeals for the 9th Circuit to stay two appeals on the legality of tariffs imposed under the International Emergency Economic Powers Act in light of the government's petition for writ of certiorari before the Supreme Court in a separate case on the tariffs. The U.S. said "it would be a waste of judicial resources for this Court to hear and decide this case before the Supreme Court has resolved the proceedings before it," in light of the "rapid schedule" proposed before the high court and the U.S. Court of Appeals for the Federal Circuit's recent "unanimous ruling on jurisdiction."

The Court of International Trade ruled Aug. 13, in a decision made public Sept. 5, that exporter BASF Corp.’s food additive Betatene was properly classified under Harmonized Tariff Schedule heading 2106 as a dietary supplement.