The Court of International Trade in a Jan. 21 order denied California Steel Industries' and Welspun Tubular's bid for a stay in a case over the Commerce Department's final results in the third administrative review of the antidumping duty order on welded line pipe from South Korea. CSI and Welspun wanted a stay while the U.S. Court of Appeals for the Federal Circuit mulls whether Commerce can make a particular market situation adjustment to the cost of production in the sales-below-cost test. CIT said CAFC already ruled against the practice, so the trade court can't be certain that granting the stay would "serve any purpose other than" to just delay resolution of the case.
Just because Section 232 tariffs are placed in Chapter 99 of the Harmonized Tariff Schedule, this doesn't make them remedial tariffs, the Department of Justice told the U.S. Court of Appeals for the Federal Circuit in a Jan. 14 brief. The tariffs also aren't temporary, don't count as a double remedy and can be deducted from an antidumping duty respondent's export price, the brief said (Borusan Mannesman Boru Sanayi ve Ticaret v. U.S., Fed. Cir. #21-2097).
The Court of International Trade improperly applied the "dual burden of proof" when it denied Meyer Corp. "first sale" valuation on its imports of cookware, Meyer told the U.S. Court of Appeals for the Federal Circuit in a Jan. 10 reply brief. The dual burden of proof practice was previously eliminated, so CIT improperly applied this standard when it denied Meyer first sale but sustained CBP's valuation of the imports based on their second sale rate, Meyer said (Meyer Corporation v. United States, Fed. Cir. #21-1932). "Despite its prodigious length (120 pages), the CIT's opinion consists mainly of a recitation of the parties' proposed post-trial findings and contains very little by way of legal analysis," the company said.
The U.S. Court of Appeals for the Federal Circuit will conduct all scheduled arguments for the February 2022 session by videoconference, the court said in a Jan. 18 notice. However, only arguing counsel will have access to the video call, while the general public may only livestream the argument's audio. No motions for access beyond arguing counsel will be entertained, the court said.
The U.S. Court of Appeals for the Federal Circuit dismissed an appeal from the Government of Argentina and Argentine biodiesel company LDC Argentina over the Commerce Department's changed circumstances review of countervailing duties on biodiesel from Argentina. The two had appealed a Court of International Trade decision affirming Commerce's determination that the situation had not changed regarding countervailable subsides from Argentina's biodiesel industry. The trade court also upheld Commerce's decision to originally find changed circumstances but later switch back to a finding of no changed circumstances (see 2109210046) (Government of Argentina v. United States, Fed. Cir. #22-1190).
PrimeSource Building Products distinguished a recent U.S. Court of Appeals for the Federal Circuit decision affirming the Commerce Department's ability to use adverse facts available in its separate rate calculation from its case at issue at the Court of International Trade. Submitting a notice of supplemental authority to rival the one submitted by the antidumping petitioner, PrimeSource said that the recent Federal Circuit opinion in Bosun Tools v. U.S. is not applicable to its case since the appellate court noted an increasing trend in past rates calculated for one of the separate rate respondents that justified the use of AFA. No such trend exists in PrimeSource's case, the brief said.
A recent U.S. Court of Appeals for the Federal Circuit ruling that the Commerce Department can calculate a separate rate respondent's dumping margin by averaging an adverse facts available rate and a de minimis rate appeared in a similar case at the Court of International Trade. In a Jan. 11 notice of supplemental authority, defendant-intervenor Mid Continent Steel & Wire said the Federal Circuit opinion "once again affirmed" that the law allows Commerce to include rates based on AFA in the calculation of a separate rate if all the mandatory respondents have a zero, de minimis or AFA rate (PrimeSource Building Products v. United States, CIT Consol. #20-03911).
Countervailing duty review respondent Uttam Galva Steels impeded the Commerce Department's countervailing duty administrative review by omitting information about its affiliation with Lloyds Steel Industry, defendant-appellees California Steel Industries and Steel Dynamics told the Federal Circuit in a Jan. 11 reply brief urging the appellate court to uphold the Court of International Trade's decision in the case (Uttam Galva Steels Limited v. United States, Fed. Cir. #21-2119).
The U.S.Court of Appeals for the Federal Circuit shouldn't strike down President Donald Trump's extension of Section 232 steel and aluminum tariffs onto "derivative" products made beyond procedural deadlines since the tariffs had a positive impact on the U.S. industry, The American Steel Nail Coalition said in Jan. 10 proposed amicus brief. The coalition asked the court for leave to file the amicus brief in a bid to broaden the defense of the president's tariff action. The proposed amicus further said that this issue has already been decided following the Federal Circuit's decision in the key case Transpacific Steel v. U.S. (PrimeSource Building Products v. United States, Fed. Cir. #21-2066).
The U.S. Court of Appeals for the Federal Circuit should uphold the Commerce Department's finding that Shelter Forest International Acquisition's hardwood plywood exports didn't circumvent the antidumping and countervailing duty orders on hardwood plywood from China, Shelter Forest and others said in a response brief. Shelter Forest argued that the appellate court should uphold the Court of International Trade's ruling that Shelter Forest's plywood wasn't later-developed merchandise and the company wasn't guilty of evasion (Shelter Forest International Acquisition Inc. v. U.S., Fed. Cir. #21-2281).