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).
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).
A U.S. importer of mattresses from Burma brought an action to the Court of International Trade on Sept. 11 challenging the International Trade Commission’s final results of a critical circumstances review (Pay Less Here v. U.S., CIT # 24-00152).
The United States brought an action Sept. 10 seeking more than $70 million against an importer of aluminum wire from China (U.S. v. Repwire, CIT # 24-00173).
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 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.
Importer Performance Additives filed its opening brief on Sept. 9 at the U.S. Court of Appeals for the Federal Circuit, claiming that the Court of International Trade erred in finding that various of the company's duty drawback claims weren't "deemed liquidated." The company argued that the trade court imposed conditions on the deemed liquidation rule of 19 U.S.C. Section 1504(a)(2)(A) that don't exist in the statute and imposed the rules of Section 1504(a)(2)(B) despite this law not applying to the company's entries at issue (Performance Additives v. United States, Fed. Cir. # 24-2059).
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The Court of International Trade on Sept. 9 rejected importer Katana Racing's renewed motion to dismiss the govenrment's action against it seeking over $5.7 million in unpaid duties on passenger vehicle and light truck tires from China, after the U.S. Court of Appeals for the Federal Circuit reversed the trade court's previous dismissal of the case. In her first opinion since being confirmed to the court, Judge Lisa Wang said the U.S. didn't fail to properly identify the "person" liable for the violation, exhaust administrative remedies or bring the case on time (U.S. v. Katana Racing, CIT # 19-00125).
In oral argument Sept. 3 before the U.S. Court of Appeals for the Federal Circuit -- which the case's primary exporter attempted to avoid (see 2408020019 and 2408120039) -- judges clashed with the government over the Commerce Department's decision to assign unallocated costs to overhead, rather than another cost category (Risen Energy Co. v. U.S., Fed. Cir. # 23-1550).