Recent Court Cases on International Trade for November 4 - 13, 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 November 4 - November 13, 2008:
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Totes-Isotoner Denied Rehearing on HTS Gender/Age Discrimination Issue
The CIT has denied a rehearing request on its July 2008 ruling which dismissed Tote's complaint that the Harmonized Tariff Schedule illegally discriminates on the basis of gender and/or age. (In July 2008, the CIT dismissed Tote's case, stating it did not show or allege facts sufficient to ground an inference of discrimination.) (Totes-Isotoner Corp. v. U.S., Slip Op. 08-119, dated 11/04/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op%2008-119.pdf)
CAFC Reverses Award of Prejudgment Interest in MPF Underpayment Case
The CAFC has affirmed the CIT's $250,840.21 penalty award on remand against National Semiconductor Corporation for the underpayment of merchandise processing fees owed on two groups of entries. However, the CAFC reversed the CIT's award of prejudgment interest. (U.S. v. National Semiconductor Corporation, No. 2008-1195, decided November 13, 2008, available at http://www.cafc.uscourts.gov/opinions/08-1195.pdf)
CIT Denies Request for TRO and Injunction to Prevent Collection of AD/CV Duties
The CIT has denied a request for a temporary restraining order and preliminary injunction to prevent irreparable harm to the importer and manufacturer from the collection of 44% antidumping and countervailing cash deposits while the merits of three complaints against the AD and CV orders on certain new pneumatic off-the-road tires from China are being decided. According to the CIT, the plaintiffs did not demonstrate a likelihood of success on the merits sufficient to tip the balance of equitable factors so as to require relief. (GPX International Tire Corporation and Hebei Starbright Tire Co., Ltd. v. U.S., et al., Slip Op. 08-121, dated November 12, 2008, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op.%2008-121%20(Public).pdf)
AD Final Results of Remand on China Brake Rotors Affirmed
The CIT has affirmed the International Trade Administration's (ITA's) antidumping duty rates for the April 1, 2005 through March 31, 2006 period for the final results of remand for Laizhou Automobile Brake Equipment Co. Ltd., Longkou Haimeng Machinery Co., Ltd., Laizhou City Luqi Machinery Co., Ltd., Laizhou Hongda Auto Replacement Parts Co., Ltd., Hongfa Machinery (Dalian) Co., Ltd., and Qingdao Gren (Group) Co., and dismissed the case. (Laizhou Automobile Brake Equipment Company Ltd., et al. v. U.S. et al., Slip Op. 08-120, dated 11/05/08, available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op.%2008-120.pdf)