The U.S. Court of Appeals for the Federal Circuit in a text-only Oct. 4 note told counsel in the massive Section 301 litigation to review the court's revised calendar for December 2024 through May 2025 to check for scheduling conflicts. The move indicates that the case won't be heard during the court's November sitting and will be heard during the first full week of December at the earliest. Matt Nicely, counsel for the plaintiffs, confirmed that the case won't be heard in November and is hopeful for a December oral argument, though he said a decision on the hearing date won't be known "for a couple weeks" (HMTX Industries v. United States, Fed. Cir. # 23-1891).
Two 2021 cases arguing importers' products should have been excluded from Section 301 duties were dismissed by their Houston-based law firm Oct. 1 (Anatolia Tile & Stone, Inc. v. U.S., CIT # 21-00245; Bray International v. U.S., CIT # 21-00332).
The United States said Sept. 30 that an Indian aluminum exporter was trying to “artificially separate two similar industries” in its attempt to avoid being assessed a countervailing duty for the provision of coal for less-than-adequate remuneration (Hindalco Industries Limited v. U.S., CIT # 23-00260).
There have been no lawsuits recently filed at the Court of International Trade.
The U.S. agreed to liquidate some of importer LE Commodities' steel tube entries without Section 232 duties and refund any duties paid, per the terms of a settlement reached by the parties in the importer's case against its denied requests for Section 232 exclusions (LE Commodities v. United States, CIT # 22-00245).
The U.S. Court of Appeals for the Federal Circuit on Oct. 3 stayed the briefing schedule in a trio of cases brought by exporter Eregli Demir ve Celik Fabrikalari (Erdemir) while it considers the company's motion to consolidate the three appeals. All three cases center on the sunset review of the antidumping duty order on hot-rolled steel flat products from Turkey (Eregli Demir ve Celik Fabrikalari v. United States, Fed. Cir. # 24-2242).
An importer’s stainless steel sinks from China weren't incorrectly liquidated by CBP despite “express instructions” from Commerce, the U.S. said Oct. 1 in a cross-motion for summary judgment and in partial opposition to the importer’s own Sept. 5 motion for judgment. Rather, it said, the importer was misunderstanding a “straightforward issue” by mixing up components and value added (R.H. Peterson v. U.S., CIT # 20-00099).
The Court of International Trade on Oct. 1 said court-led mediation in a suit from LE Commodities challenging 14 denied requests for exclusions from Section 232 steel and aluminum tariffs resulted in a "settlement of all issues." Judge Leo Gordon led the mediation. Counsel for LE Commodities didn't respond to a request for comment on the nature of the settlement (LE Commodities v. United States, CIT # 22-00245).
The Court of International Trade on Oct. 1 ordered that an evidentiary hearing be held on Oct. 16 in a suit from importer Retractable Technologies on the Office of the U.S. Trade Representative's 100% Section 301 tariff hike on needles and syringes. The importer filed the suit to seek a temporary restraining order and a preliminary injunction on the duties, claiming the tariffs could send it out of business (see 2409270025) (Retractable Technologies v. United States, CIT # 24-00185).
The U.S. and Indian exporters led by Kisaan Die Tech Private Limited on Sept. 30 reached a settlement in pair of cases on the 2018-19 review of the antidumping duty order on stainless steel flanges from India (Kisaan Die Tech Private Limited v. United States, CIT Consol. # 21-00512).