Turkish state-owned bank Halkbank is not shielded from "common-law foreign sovereign immunity" in the U.S. government's suit against the bank for sanctions evasion, the U.S. Court of Appeals for the 2nd Circuit said earlier this week, ruling that the U.S. may prosecute it on charges that it helped Iran evade U.S. sanctions (United States v. Turkiye Halk Bankasi, 2nd Cir. # 20-3499).
Chinese lidar company Hesai Technology will meet with the U.S. to discuss next steps in the company's lawsuit against its designation as a Chinese military company after the Pentagon removed the firm from its list of companies with ties to China's military but immediately relisted it (see 2410230018). DOD relisted the company "based on the latest information available" (Hesai Technology Co. v. U.S. Department of Defense, D.D.C. # 24-01381).
The U.S. and importer Katana Racing jointly moved to refer a customs penalty suit to court-annexed mediation before the Court of International Trade following the court's recent decision rejecting Katana Racing's renewed motion to dismiss. The parties said in light of the decision, they "believe that resolution to this litigation could potentially be reached through court-annexed mediation" (U.S. v. Katana Racing, CIT # 19-00125).
The U.S. Court of Appeals for the Federal Circuit on Oct. 22 denied exporter Eregli Demir ve Celik Fabrikalari's (Erdemir's) motion to consolidate three of its appeals, which all involve the sunset review of the antidumping duty order on hot-rolled steel flat products from Turkey. Judge William Bryson said the court already has designated the cases as "companion cases," adding that "Erdemir has not shown compelling reasons to require all parties to file consolidated briefs" (Eregli Demir ve Celik Fabrikalari v. U.S., Fed. Cir. #s 24-2242, -2243, -2249).
In two complaints before the Court of International Trade, Chinese pea protein exporters argued that the Commerce Department had unlawfully refused to assign separate rates to either mandatory respondent in a 2023 review, resulting in a separate rate dumping margin of 122.19% and a countervailing duty rate of 15.78% (Zhaoyuan Junbang Trading Co. v. U.S., CIT # 24-00179, -00180).
Domestic steel producer Zekelman Industries filed a lawsuit on Oct. 21 in a Washington, D.C., federal court alleging that the Mexican government breached its 2019 agreement with the U.S. to slow imports of Mexican steel products. The company argued that Mexico's breach of the deal "has devastated the U.S. steel industry," forcing the company to close two plants due to the oversupply of cheap steel (Zekelman Industries v. United States, D.D.C. # 24-02992).
The following lawsuit was recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Oct. 21 dismissed importer Phoenix Metal Co.'s appeal of CBP's affirmative finding that the company evaded the antidumping and countervailing duty orders on cast iron soil pipe from China by transshipping through Cambodia (see 2406100027). The Court of International Trade rejected Phoenix's due process claims, which faulted CBP for failing to notify the company that it was subject to an interim EAPA investigation, finding that the company failed to allege that it suffered specific-enough arm by being subject to the interim measures without adequate notice (Phoenix Metal Co v. U.S., Fed. Cir. # 24-2222).
The Commerce Department was right to make a Vietnam-wide determination that exporters were circumventing antidumping and countervailing duty orders on solar panels from China on the basis of an affirmative finding for 10 respondents, the U.S. argued Oct. 21 (Trina Solar (Vietnam) Science & Technology Co. v. U.S., CIT # 23-00228).
The Commerce Department released its remand results Oct. 18 in a case regarding the antidumping duty review on frozen fish fillets from Vietnam, maintaining its earlier determinations but providing more detailed analyses for each (Catfish Farmers of America, et al. v. United States, CIT # 22-00125).