Recent Court Cases on International Trade for September 18 - October 1, 2008

The following Court of Appeals for the Federal Circuit (CAFC) and Court of International Trade (CIT) cases on international trade issues were dated, decided, or posted during the period of September 18 - October 1, 2008:

Publication of a Case in the Bulletin Does Not Trigger Date for Deemed Liq

The CIT agreed with CBP that publication of a final court decision in the Customs Bulletin did not constitute notice under 19 USC 1504(d) of the removal of the suspension of liquidation of 17 entries of Taiwan color televisions subject to antidumping duties. The entries were therefore not "deemed liquidated" at their entered AD cash deposit rate six months after publication of the court's decision in the Bulletin. (Travelers Indemnity Co. v. U.S., Slip Op. 08-104, dated 09/29/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op%2008-104.pdf)

ITC's Noninfringement Determination for Patent Involved in Qualcomm Exclusion Order Partially Remanded

This case arises out of an appeal by Broadcom of aspects of the International Trade Commission's exclusion order barring the importation of devices containing Qualcomm's baseboard chips. The CAFC affirmed the ITC's noninfringement determination as to the '311 patent, but vacated in part the noninfringement determination as to the '675 patent, remanding the issue to the ITC for further proceedings. (Broadcom Corp. v. ITC and Qualcomm, No. 2007-1164, decided 09/19/08, available at http://www.cafc.uscourts.gov/opinions/07-1164.pdf)

CIT Upholds DHS Decision to Revoke CHB License

The issue of the revocation of Miguel Delgado's Customs brokers license returned to the CIT following a second remand to the Department of Homeland Security. The CIT has now upheld the DHS decision to revoke his license on the ground that Mr. Delgado was convicted of felonies (stemming from his involvement with a scheme to illegally divert liquor into U.S. commerce without paying federal liquor taxes) that involved importation and exportation and that arose out of the conduct of customs business. (Miguel A. Delgado v. U.S., Slip Op. 08-103, dated 09/29/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op.%2008-103.pdf)

AD Injury Determination for Steel Wire Rod from Trinidad and Tobago

In this case, the CAFC ruled that its remand order and associated instructions to the International Trade Commission - that the ITC consider the effects of less than fair value imports from non-CBERA countries when making its AD injury determination for steel wire rods from Trinidad and Tobago - did not compel the ITC to find material injury. The CAFC therefore vacated the judgment of the CIT and remanded the case to that court with instructions to remand the case to the ITC. (Mittal Steel Point Lisas Limited (formerly known as Caribbean Ispat Limited) v. U.S. et al., No. 2007-1552, decided 09/18/08, available at http://www.cafc.uscourts.gov/opinions/07-1552.pdf)

Surrogate Country, FOP for AD New Shipper Reviews of Silicon Metal from China

In this case involving the final results of new shipper reviews of the AD duty order on silicon metal from China, the court examined the ITA's selection of India as the surrogate country and the ITA's valuation of the factors of production (FOP). The court sustained the ITA's selection of India as a surrogate, and its valuation of electricity and quartz, but remanded the case back to the ITA to determine the appropriate value for silica fume. (Globe Metallurgical, Inc. v. U.S., et al., Slip Op. 08-105, dated 10/01/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op.%2008-105.pdf).