Jacob Kopnick

The U.S. Court of Appeals for the Federal Circuit on Sept. 11 denied a motion for rehearing from the governments of Canada and Quebec and exporter Marmen Inc. regarding the court's decision sustaining the countervailability of a Canadian tax program. All the judges in regular active service -- Judges Kimberly Moore, Alan Lourie, Timothy Dyk, Sharon Prost, Jimmie Reyna, Richard Taranto, Raymond Chen, Todd Hughes, Kara Stoll, Tiffany Cunningham and Leonard Stark -- agreed to deny the petition (Government of Quebec v. U.S., Fed. Cir. # 22-1807).

Antidumping petitioner Coalition for Fair Trade in Shopping Bags filed a pair of complaints at the Court of International Trade on Sept. 12 challenging the Commerce Department's antidumping duty investigations on paper shopping bags from Colombia and Portugal (Coalition for Fair Trade in Shopping Bags v. United States, CIT #'s 24-00157, -00158).

Antidumping duty petitioner Wind Tower Trade Coalition argued on Sept. 11 that the Commerce Department unlawfully interpreted statutory language on whether exporter Dongkuk S&C's records reasonably reflected the costs associated with the production and sale of subject goods (Wind Tower Trade Coalition v. United States, CIT # 24-00070).

The EU Court of Justice on Sept. 10 said the restriction on providing brokering services in relation to military equipment to parties in or for use in Russia applies even when the goods were never imported into an EU member state, according to an unofficial translation. The court said if this weren't the case, then the "prohibition could easily be circumvented" by shipping equipment on a route that didn't pass through EU territory.

The following lawsuit was recently filed at the Court of International Trade:

The U.S. on Sept. 10 opposed importer Interglobal Forest's bid for attorney's fees after it prevailed in an antidumping and countervailing duty evasion case. The government said Interglobal can't be considered a "prevailing party" because the court's decision sustaining CBP's remand decision reversing its evasion finding didn't "materially alter the legal relationship of the parties" (Interglobal Forest v. United States, CIT # 22-00240).

The U.S. on Sept. 10 opposed exporter Koehler's request for the Court of International Trade to certify its order permitting service on the company's U.S. counsel to allow for an immediate appeal of the order. The government said an immediate appeal will fail to "materially advance the ultimate termination of the litigation" because the U.S. can still effect service through other means if the court's order is reversed (United States v. Koehler Oberkirch GmbH, CIT # 24-00014).

The Court of International Trade on Sept. 11 granted a voluntary dismissal bid from conservation groups Sea Shepherd New Zealand and Sea Shepherd Conservation Society in their action seeking an import ban on fish from New Zealand's West Coast North Island inshore trawl and inshore set net fisheries under the Marine Mammal Protection Act.

Monishkumar Kirankumar Doshi Shah, who owned jewelry companies in New York City , pleaded guilty Sept. 10 to leading a scheme to "illegally evade customs duties for more than $13.5 million of jewelry imports" into the U.S., the U.S. Attorney's Office for the District of New Jersey announced. Shah, a resident of Jersey City, New Jersey, and Mumbai, also admitted to illicitly processing over $10.3 million through an "unlicensed money transmitting business."

The Court of International Trade on Sept. 11 granted the government's voluntary remand motion in a case on CBP's finding that importer Zinus evaded the antidumping duty order on wooden bedroom furniture from China. The government asked for the remand in light of the Commerce Department's scope ruling finding that Zinus' imported bedframes aren't covered by the AD order (Zinus v. United States, CIT # 23-00272).