The Court of International Trade on Jan. 23 denied a U.S. request for a voluntary remand to reconsider due process issues in an Enforce and Protect Act case involving cast iron soil pipe imports by Phoenix Metal, in light of the U.S. Court of Appeals for the Federal Circuit's ruling in Royal Brush Manufacturing v. U.S.

The Court of International Trade on Jan. 23 sustained the Commerce Department's finding that oil piping from Brunei and the Philippines circumvented the antidumping and countervailing duty orders on oil country tubular goods from China.

The National Marine Fisheries Service made a new comparability finding that two New Zealand fisheries have comparable marine mammal bycatch protections to U.S. fisheries, and may be listed on the agency’s List of Foreign Fisheries eligible for import into the U.S., NMFS said in a notice released Jan. 22.

The Commerce Department repeatedly relied on an analysis in several administrative reviews that the courts had already struck down, an exporter of Indian carbon steel welded pipe said in a Jan.19 brief responding to comments made by DOJ and domestic petitioners regarding its own motion for summary judgment (Garg Tube Export v. U.S., CIT # 21-00169).

An importer’s duty drawback claim was not automatically liquidated after one year because that importer failed to file the necessary paperwork, as the entries its drawback claim was made on had liquidated but not “become final,” the U.S. said Jan. 19 in response to comments on its motion for summary judgment (Performance Additives v. U.S., CIT # 22-00044).

The Court of International Trade on Jan. 23 sustained the Commerce Department's finding that oil piping from Brunei and the Philippines circumvented the antidumping and countervailing duty orders on oil country tubular goods from China. Judge M. Miller Baker relied on the U.S. Court of Appeals for the Federal Circuit's ruling in Al Ghurair Iron & Steel v. U.S. to reject claims from exporters HLDS (B) Steel and HLD Clark Steel Pipe against Commerce's comparison of their production of oil pipe in Brunei and the Philippines to the production of hot-rolled steel, an oil piping input, in China. The Federal Circuit already found that Commerce can make the comparison because the agency indicated what part of the total value of the goods subject to the inquiries is accounted for by the last step of processing and found that the level of investment is much greater for the production of hot-rolled steel than for oil piping, Baker noted.

The U.S. Court of Appeals of the Federal Circuit has consistently permitted the Commerce Department's use of its non-market economy policy in antidumping cases, the U.S. told the appellate court in a Jan. 18 opening brief. Appealing a Court of International Trade decision calling into question the NME policy, the government argued that "Congress has afforded Commerce wide latitude in how it enforces and implements" the AD statute and "this Court has consistently sustained Commerce's exercise of this discretion, in the absence of unambiguous statutory direction" (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).

Two nominees intended to fill judicial vacancies at the Court of International Trade will again be considered by the Senate after the chamber failed to approve them within the 2023 calendar year (see 2312220013).

An antidumping and countervailing duty petitioner on Jan. 19 filed its opening brief in an appeal of the Court of International Trade’s September ruling that the Commerce Department correctly excluded an importer’s shelf dividers from AD/CVD orders on flexible magnets from China (Magnum Magnetics Corp. v. U.S., Fed. Cir. # 24-1164).

CBP illegally liquidated an importer’s entries before litigation over the entries’ antidumping duty rate had finished, that importer alleged in the Court of International Trade (Acquisition 362 dba Strategic Import Supply vs. U.S., CIT 24-00011).