Another petitioner spoke up in favor of the International Trade Commission's redaction of confidential business information after the commission was taken to task for allegedly going too far by Court of International Trade Judge Stephen Vaden (see 2404010066). (OCP v. U.S., CIT Consol. # 21-00219).
Lawyers gave feedback this week on recently issued Commerce Department antidumping and countervailing duty regulations, with at least one attorney saying the changes were mostly positive for petitioners. They also discussed challenges faced by different parties during International Trade Commission investigations, and they said they sided with the ITC in its ongoing defense of its treatment of confidential information at the Court of International Trade.
The Chevron doctrine will almost certainly be overturned soon by the Supreme Court, leaving the path forward for judicial deference unclear, panelists said at Georgetown University Law Center’s 45th Annual International Trade Update.
U.S. Steel Corp. moved for leave to join importer California Steel Industries' case challenging rejections of its requests for Section 232 steel and aluminum tariff exclusions as amicus curiae, after its efforts to intervene in the suit were thwarted by the U.S. Court of Appeals for the Federal Circuit (California Steel Industries v. United States, CIT # 21-00015).
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The Court of International Trade on May 20 entered stipulated judgment in a pair of customs suits brought by Home Depot U.S.A., lowering the duty rate on the retail giant's imported residential door knobs packaged with at least one deadbolt, from 5.7% to 3.9% (Home Depot U.S.A. v. United States, CIT Consol. # 14-00122, -00123).
The U.S. Court of Appeals for the Federal Circuit said on May 20 that the Court of International Trade was wrong to impose a 50% threshold in determining whether demand for a processed agricultural product is "substantially dependent" on its raw upstream iteration for purposes of assigning countervailing duties.
Chinese truck and bus tire exporters subject to a nearly 5-year-old administrative review that was delayed by an ongoing court challenge should still have kept their records while the litigation played out (see 2402060054), Judge Mark Barnett said during oral argument in the case. During the review, the Commerce Department removed separate rate status for four exporters who refused to serve as mandatory respondents because they said they hadn’t kept the necessary records (YC Rubber Co. (North America) v. U.S., CIT # 19-00069).
The Court of International Trade on May 16 said that the Commerce Department lawfully excluded imports from non-market economy and export-subsidizing countries from the datasets it used when calculating input cost of production and market price under the major input and transactions disregarded rules.
The U.S. Court of Appeals for the Federal Circuit on May 15 said the scope of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand unambiguously includes dual-stenciled pipe, reversing the Court of International Trade's decision.