The U.S. said Aug. 6 that pistol maker Glock’s motion to compel discovery improperly required it to admit to "pure legal conclusions" and asked for irrelevant and disproportionate document production (Glock v. U.S., CIT # 23-00046).
The Court of International Trade on Aug. 8 denied exporter Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi's motions to intervene in an antidumping case and secure an injunction on its entries. Judge Jane Restani said the case presents a "common situation," whereby the court can't provide Habas the relief it seeks because its entries have liquidated, despite the company's intent to protest the liquidation.
The U.S. Court of Appeals for the Federal Circuit on Aug. 7 said the Commerce Department's use of only adverse facts available rates to set the rate for the non-individually examined respondents in antidumping proceedings, known as the "expected method," is not presumptively unreasonable. Judges Alan Lourie and Kara Stoll said instead that the "burden is on Commerce to justify a departure from the expected method, not to justify its use."
A petitioner supported the Commerce Department’s decision, on remand, to use Brazilian rather than Mexican labor cost data in its calculation of the antidumping duty margins for two exporters of steel kegs from China (see 2407240018) (New American Keg v. U.S., CIT # 20-00008).
The Court of International Trade on Aug. 5 sustained the Commerce Department's decision to lower the countervailing duty subsidy rate for exporter Yama Ribbons and Bows Co. related to China's Export Buyer's Credit Program, from 10.54% to 0.87%. The result is a final, recalculated 22.2% total subsidy rate for Yama in the 2017 administrative review of the CVD order on narrow woven ribbons from China.
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After its bid for a preliminary injunction was denied by Court of International Trade Judge Claire Kelly (see 2407260045), a customs broker fought Aug. 5 against a motion to dismiss its case, saying its complaint was ripe for litigation because CBP had already made the decision to deny its reinstatement to the agency's Entry Type 86 pilot (Seko Customs Brokerage v. United States, CIT # 24-00097).
The Court of International Trade earlier this month heard oral argument on whether a CBP protest denial effectively revoked a prior CBP protest decision by applying a different tariff classification to identical merchandise, and should have been subject to a notice-and-comment period (Under the Weather v. U.S., CIT # 21-00211).
The Court of International Trade's CM/ECF system will undergo maintenance 6 a.m. to noon EDT Sept. 8, the court announced. The system will be unavailable during this time.
The following lawsuits were recently filed at the Court of International Trade: