The following lawsuits were filed recently at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on April 21 issued its mandate after finding in February that CBP didn't need to refer the question of whether petitioner CP Kelco still made oilfield xanthan gum to the Commerce Department in an antidumping duty evasion case. The appellate court said the evidence didn't support such a referral and, in any case, the referral would only apply to future merchandise and not the goods subject to the evasion case (see 2502270018). The Federal Circuit also said CBP permissibly used adverse inferences against the manufacturers of the subject xanthan gum given their failure to submit requested information, notwithstanding the full participation of the importers subject to the proceeding (All One God Faith v. United States, Fed. Cir. # 23-1078).
The Court of International Trade in an April 22 confidential decision remanded the International Trade Commission's injury determination on phosphate fertilizer from Morocco and Russia. A docket entry from the court said on remand the ITC can "take new evidence, reconsider existing evidence, or take any other action allowed by its procedures" to reach a conclusion supported by substantial evidence (OCP v. United States, CIT Consol. # 21-00219).
The Montana Farmers Union moved to intervene in a case brought by four members of the Blackfeet Nation indigenous tribe challenging various trade action taken by President Donald Trump in the U.S. District Court for the District of Montana. The agriculture trade group said it qualifies for intervention as a "matter of right," alternatively arguing that the court should permit the group to intervene even if it doesn't have the right to intervene (Susan Webber v. U.S. Department of Homeland Security, D. Mont. # 4:25-00026).
The Commerce Department reasonably used adverse facts available against respondent Kumar Industries for failing to respond to the best of its ability in demonstrating that it's not affiliated with two unnamed companies, the Court of International Trade held on April 23. Judge Gary Katzmann held that Commerce's request for information on the alleged affiliations "should not have come as a surprise," adding that it's the respondent's burden to sufficiently populate the record.
The U.S. Court of Appeals for the Federal Circuit on April 23 again rejected the Commerce Department's use of the Cohen's d test as part of its analysis to detect and address "masked" dumping. A day after the court resoundingly struck down the agency's use of the test in a separate case (see Ref:2504220030]), Judges Alan Lourie, William Bryson and Leonard Stark said they were bound by the court's day-old ruling.
Twelve U.S. states led by Oregon filed a lawsuit April 23 against all of President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act. The states' complaint argues that Trump exceeded his authority as established in IEEPA, since the "annual U.S. goods trade deficits" are not an "unusual and extraordinary threat." The states also argue that neither the reciprocal tariffs, nor the tariffs on China, Canada and Mexico imposed to address drug trafficking, establish a sufficient nexus to the claimed emergencies (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
Dominic Bianchi, former general counsel of the International Trade Commission, has joined Polsinelli as a shareholder in the firm's Section 337 litigation and trade remedies practice, the firm announced. Bianchi spent 24 years at ITC, serving as general counsel since 2013.
Thea Kendler, former assistant secretary for export administration at the Commerce Department's Bureau of Industry and Security, and Aiysha Hussain, Kendler's senior policy adviser, have joined Mayer Brown as partners in the international trade, national security and white-collar defense practices, the firm announced. Kendler served at BIS for three years, joining the agency from DOJ, where she worked as a trial attorney in the national security division. Hussain worked at Commerce since 2020, serving as senior counsel then senior policy adviser for export administration.
The U.S. Court of Appeals for the Federal Circuit's Clerk's Office and Circuit Library will be temporarily closed for public services and support from 1:30 p.m. to 4:30 p.m. EST on April 25, the court said. Nonelectronic filings can be submitted to the court's night drop box on H Street NW in Washington, and electronic filing will remain available.