The defendant-intervenor in an antidumping duty case, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, backed the Commerce Department's motion for voluntary remand since court precedent supports granting remands to correct issues in underlying determinations for the courts to review. Making its case in an Aug. 9 response, the union said that preventing Commerce from performing the review laid out in the remand would "serve no legitimate purpose." In another filing, the union opposed the case's mandatory respondent from intervening in the case due to an untimely bid (Pirelli Tyre Co., Ltd. et al. v. United States, CIT #20-00115).
Printed circuit board assembly importer Triumph Engine Control Systems moved to overturn the dismissal of four of its cases issued by the Court of International Trade in an Aug. 9 filing. Claiming that it clears the standard for reversing dismissals due to lack of prosecution set in the Supreme Court case Pioneer Inv. Services Co. v. Brunswick Associates Ltd. Partnership, the importer requested an extension of the time to remain on the Customs Case Management Calendar (Triumph Engine Control Systems, LLC v. U.S., CIT #19-00108, #19-00109, #19-00110, #19-00130).
Commercial airline operator NetJets Aviation's request for leave to reassert Section 1581(i) jurisdiction in a customs challenge should jurisdiction under Section 1581(a) be unavailable should be denied, the Department of Justice said in Aug. 10 comments at the Court of International Trade. Further responding to its motion to partially dismiss NJA's case, DOJ said that the court lacks jurisdiction for the spat under Section 1581(i) and that NJA fails to even allege that this jurisdiction is available in its response (NetJets Aviation, Inc. v. U.S., CIT #21-00142).
Plaintiffs, led by American Pacific Plywood, that stand accused of evading antidumping and countervailing duty orders on hardwood plywood from China vigorously challenged CBP's finding of evasion in an Aug. 5 brief backing their motion for judgment at the Court of International Trade. In another case going after CBP's alleged violations of due process in Enforce and Protect Act investigations (see 2107010085), the plaintiffs argued that CBP's missteps are not merely procedural mistakes, but rather a "failure of essential process that led to profound harm." The violations are so egregious that they "would be unacceptable in any country that prides itself on democratic process -- and for the United States, they are a travesty," the brief said (American Pacific Plywood, Inc. et al. v. United States, CIT Consol. #20-03914).
Building Material Distributors, Inc., consolidated plaintiff in an antidumping case in the Court of International Trade, will appeal the court's decision to the U.S. Court of Appeals for the Federal Circuit, according to an Aug. 9 notice of appeal (Xi'An Metals & Minerals Import & Export Co., Ltd., et al. v. U.S., CIT Consol. #20-00103). The case was over the 2017-18 administrative review of the antidumping duty order on steel nails from China in which the Commerce Department applied total adverse facts available. BMD will appeal CIT's contention that Commerce had the right to apply total AFA for a mandatory respondent's failure to provide its factors of production data on a control number-specific basis (see 2106090048).
The Commerce Department correctly relied on data from Xeneta XS over Maersk Line when calculating the respondent's surrogate ocean freight expenses in an antidumping duty review, the Court of International Trade said in an Aug. 10 opinion. Judge Claire Kelly sustained the remand results after twice remanding them, finding substantial evidence backing the second redetermination.
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The U.S. government will appeal a Court of International Trade decision striking down the expansion of Section 232 national security tariffs to cover steel "derivatives" products to the U.S. Court of Appeals for the Federal Circuit, according to an Aug. 7 notice of appeal. The decision, in a case brought by Oman Fasteners, found that the president illicitly announced the tariff expansion after a procedurally required 105-day deadline laid out in the Section 232 statute (see 2106110022). The decision in Oman Fasteners came after the court had already found the tariff expansion to be illegal. That case, PrimeSource Building Products, Inc. v. U.S., is already making its way through the Federal Circuit (see 2106170058) (Oman Fasteners, LLC, et al. v. U.S., CIT Consol. #20-00037).
The Court of International Trade should deny the U.S.'s motion for remand in an antidumping case since it is unclear whether the court has the authority, plaintiff Pirelli Tyre Co. said in an Aug. 9 brief. Since the proposed reasoning for the voluntary remand revolves around the conduct of a company not party to the case, the court may not have the legal authority to issue such a remand, Pirelli said. Even with such authority, the remand should not be permitted since it is not necessary to achieve the U.S.'s objective and would harm Pirelli's interests, the plaintiff said (Pirelli Tyre Co., Ltd. et al. v. U.S., CIT #20-00115).
The Commerce Department's remand results in a countervailing duty investigation did not comply with the U.S. Court of Appeals for the Federal Circuit's opinion, plaintiff Nucor Corporation said in Aug. 6 comments filed in the Court of International Trade. The remand results "articulate but don't properly apply a standard that would comply with the statutory adequate remuneration standard," Nucor said, opposing Commerce's finding that the South Korean government did not provide a subsidy to producers of hot-rolled steel via cheap electricity (POSCO v. United States, CIT #17-00137).