The U.S. defended the expert testimony of its expert witness, Dr. Radhakrishnaiah Parachuru, in importer Viecura's customs suit on the classification of its pants designed to assist with incontinence. Filing a brief in opposition to Viecura's challenge to Parachuru's testimony on March 14, the government said the doctor has "specific and relevant experience with incontinence pants design" and based his testimony on reliable methodologies (Viecura v. United States, CIT # 21-00154).
Jane Dempsey, former attorney in the Office of the General Counsel at the International Trade Commission, has joined Polsinelli as counsel in the trade remedies practice, the firm said. At the ITC, Dempsey served as lead counsel in trade remedies litigation before the Court of International Trade and U.S. Court of Appeals for the Federal Circuit.
The Court of International Trade on March 13 severed exporter Fontaine's case against the expedited countervailing duty investigation on softwood lumber products from Canada from the consolidated action on the review. Judge Mark Barnett sustained the review "with respect to Fontaine," ordering that the relevant entries be liquidated in line with the court's decision. In January, Barnett sustained the Commerce Department's use of Fontaine's FY 2015 tax returns to calculate the amount of the tax benefits received by the company (see 2501290040). The remaining issues in the case are unrelated to Fontaine (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, CIT # 19-00122).
Exporter Kaptan Demir Celik Endustrisi ve Ticaret will appeal a recent decision at the Court of International Trade, which held that the Commerce Department reasonably used Kaptan's invoice date as the date of sale in the 2021-22 administrative review of the antidumping duty order on steel concrete rebar from Turkey (see 2501150021). In the decision, the court also upheld Commerce's differences-in-merchandise adjustment, finding that the adjustment wasn't distortive in the way that it controlled for inflation (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 24-00018).
Chinese drone maker DJI urged the U.S. District Court for the District of Columbia to compel the Pentagon to provide its counsel with classified information in the company's suit against its designation as a Chinese military company. DJI argued that the information is "undoubtedly" relevant since DOD used it as the basis for DJI's designation, and that disclosure is needed because the court can't evaluate the designation without access to the "very information on which that designation is based" (SZ DJI Technology Co. v. U.S. Department of Defense, D.D.C. # 24-02970).
A State Department notice declaring that all agency efforts to control international trade now constitute a "foreign affairs function" of the U.S. under the Administrative Procedure Act will ultimately be subject to the discretion of the courts, trade lawyers told us.
Importer Houston Shutters defended its Section 1581(i) case at the Court of International Trade against the Commerce Department's failure to open a changed circumstances review of antidumping and countervailing duty determinations on wood moldings and millwork products from China. Filing a reply brief on March 12, Houston Shutters said jurisdiction doesn't require it to challenge Commerce's investigations, adding that Commerce itself uses the reviews to consider information that wasn't present during the investigation (Houston Shutters v. U.S., CIT # 24-00193).
Four Indonesian citizens filed suit on March 12 in a California federal court alleging that tuna seller Bumble Bee Foods violated the Trafficking Victims Protection Reauthorization Act by knowingly benefiting from a venture that engaged in forced labor. The four individuals -- Akhmad, Angga and Muhammad Sahrudin and Muhammad Syafi'i -- said they worked as laborers on longline fishing vessels that Bumble Bee sourced its albacore tuna from and alleged that the company knowingly benefited from their forced labor (Akhmad Sahrudin v. Bumblee Bee Foods, S.D. Cal. # 3:25-00583).
The Commerce Department excluded seven types of bricks imported by Fedmet Resources Corp. from the scope of the antidumping and countervailing duty orders on magnesia carbon bricks from China on remand at the Court of International Trade. The agency said, under protest, that the seven brick types had an "above-zero quantity of alumina and were based on testing procedures which properly determined the alumina content at the time of importation" (Fedmet Resources Corp. v. United States, CIT # 23-00117).
The U.S. government's attempt to dismiss anti-forced labor group International Rights Advocates' (IRAdvocates) suit seeking to compel CBP to respond to a withhold release order petition on cocoa from Cote d'Ivoire is "premised on a significant mischaracterization of IRAdvocates' case," the group argued. Filing a reply brief at the U.S. Court of Appeals for the Federal Circuit on March 13, IRAdvocates said its case is meant to compel a CBP response to the petition and not to secure an affirmative determination on the WRO, as the U.S. suggests (International Rights Advocates v. Kristi Noem, Fed. Cir. # 24-2316).