Status reports from the government regarding the resumption of litigation have poured in to the Court of International Trade following the reopening of the federal government. Many cases were stayed by the trade court pending the lapse in federal appropriations, given that many DOJ attorneys weren't being paid and were barred from working during the shutdown.

Petitioner Wheatland Tube Company opposed Nov. 17 the Commerce Department’s redetermination on remand in an antidumping duty scope case on dual-stenciled pipe, saying that the “entire house of cards on which the Remand Order was built has now collapsed” since the U.S. Court of Appeals for the Federal Circuit reversed a Court of International Trade ruling on another suit (Saha Thai Steel Pipe Public Company v. United States, CIT # 21-00049).

The U.S. Court of Appeals for the Federal Circuit on Nov. 19 affirmed the Court of International Trade's dismissal of Nebraska man Byungmin Chae's second case on one question in the April 2018 customs broker license exam. Judges Timothy Dyk, Jimmie Reyna and Kara Stoll agreed with the trade court that the case should be dismissed "on the basis of claim preclusion."

The Commerce Department failed to provide notice of any reporting deficiencies related to antidumping duty respondent Fuzhou Hengli Paper Co.'s paperboard input reporting, and the agency was on notice of any alleged deficiency, since the respondent's reporting methodology was "obvious," Fuzhou Hengli argued in a Nov. 17 reply brief at the Court of International Trade (Fuzhou Hengli Paper v. United States, CIT # 25-00064).

AD/CVD petitioner Magnesia Carbon Bricks Fair Trade Committee asked the U.S. Court of Appeals for the Federal Circuit to speed up its appeal on the Commerce Department's decision to exclude seven types of bricks imported by Fedmet Resources Corp. from the scope of the antidumping duty and countervailing duty orders on magnesia carbon bricks from China. The petitioner said the relief it's seeking is "modest," and that a sped-up briefing schedule is needed to "prevent competitive harms" to the "domestic refractory-brick industry" that should be subject to "significant AD/CVD duties" (Fedmet Resources v. United States, Fed. Cir. # 26-1160).

Importer BASF Corp. pushed back July 2 against a U.S. attempt to seek reconsideration of Court of International Trade Judge Joseph Laroski's decision that BASF’s fish oil should be classified as fish extracts, not as food preparations (see 2507020064) (BASF Corp. v. United States, CIT Consol. # 13-00318) (se.

CBP illegally subjected importer Raymond Geddes & Company's pencils to antidumping duties on cased pencils from China, since the company's pencils are made in the Philippines, Raymond Geddes argued in a Nov. 14 complaint at the Court of International Trade. The importer said CBP improperly applied a scope ruling on a separate importer, School Specialty, to its goods (Raymond Geddes & Company v. United States, CIT # 25-00265).

The Commerce Department on Nov. 17 flipped its position on remand in a case on a new shipper review, finding that exporter Co May Import-Export Company didn't make a "bona fide sale" of subject merchandise during the review period (Catfish Farmers of America v. United States, CIT # 24-00126).

The trade court must remand the Commerce Department’s determination that ceramic tile from India was neither dumped nor subsidized, because Commerce wrongly failed to collapse or find affiliation for multiple respondents, a petitioner said in a Nov. 17 motion for judgment (Coalition for Fair Trade in Ceramic Tile v. United States, CIT # 25-00095).

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