The U.S. told the U.S. Court of Appeals for the Federal Circuit on July 19 that importer Nutricia North America's medical foods should be classified as "food preparations" and not "medicaments" (Nutricia North America v. U.S., Fed. Cir. # 24-1436).
The Supreme Court's recent decision eliminating the standard of deferring to federal agencies' interpretation of ambiguous statutes (see 2406280051) "will likely result in more litigation in the already heavily litigated world of international trade," two ArentFox Schiff partners said in a client alert.
The Korean government filed a brief in defense of a South Korean steel exporter and plaintiff July 12, adding its own opinion directly to a case discussing the long-standing controversy surrounding the Commerce Department’s finding of de jure specificity in the Korean steel industry’s use of Korea’s cap-and-trade emissions program (see 2406200062) (POSCO v. U.S., CIT # 24-00006).
Importers Yellow Bird and Vantage Point filed a complaint at the Court of International Trade July 18 arguing that a 1955 Jaguar race car, driven in competitions by multiple Australian racing drivers, is a collector's item, not a used motor vehicle (Yellowbird Enterprises v. U.S., CIT # 24-00121).
Court of International Trade Judge Timothy Reif released a pair of opinions July 22 dismissing two of a hot-rolled steel flat product exporter's three cases. One, in which Turkish exporter Eregli Demir ve Celik Fabrikalari sought a sunset review of an AD investigation, was made moot by a subsequent sunset review; the other was incorrectly brought under Section 1581(i) instead of under Section 1581(c), even if that would have required the exporter to file based on “speculation,” the judge said (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-003549, -50).
The Court of International Trade in a confidential decision July 17 sustained in part and remanded in part the Commerce Department's final determination in the antidumping duty investigation on preserved mushrooms from the Netherlands. Judge M. Miller Baker said he will make the decision public on July 25. U.S. mushroom producer Giorgio Foods contested Commerce's pick of Germany as the third-country comparison market and its decision not to use adverse facts available against respondent Prochamp (see 2307240018) (Giorgio Foods v. U.S., CIT # 23-00133).
The Court of International Trade on July 18 sent back the Commerce Department's decision to include importer Elysium Tile's composite tile within the scope of the antidumping and countervailing duty orders on ceramic tile from China. Judge Jane Restani said the "complexity of Elysium's processes" shows that the company's tile underwent more than "minor processing," which would have kept the goods in the orders' scope.
Because no party now opposes the results of a remanded scope ruling on engines with horizontal crankshafts from China, the government asked the Court of International Trade on July 18 to sustain the ruling (Zhejiang Amerisun Technology Co. v. U.S., CIT # 23-00011).
Mandatory antidumping duty respondent Linyi Chengen Import and Export Co., along with 25 plywood exporters, urged the U.S. Court of Appeals for the Federal Circuit to uphold the Court of International Trade's decision giving Chengen and the separate rate respondents a zero percent dumping margin in the AD investigation on hardwood plywood from China (Linyi Chengen Import and Export Co. v. U.S., Fed. Cir. # 24-1258).