Trade-Related Court Cases Filed March 17 - April 27

Kellex Corp., challenging CBP's denial of its protest claiming its mechanically collapsible sofa bed seat decks were improperly assessed antidumping duties, since the duties should only have been imposed on the value of the mattress component. # 25-00057. Filed March 20.

U.S. Glass Producers Coalition, challenging the International Trade Commission's injury determination on glass wine bottles from China and Mexico. # 25-00058. Filed March 24.

Benchmarc Display, Inc., challenging lists 3 and 4A Section 301 tariffs on products from China. # 25-00059. Filed March 25.

B.E.A., Inc. aka BEA Americas, challenging CBP's denial of its protest claiming its steel bollards for handicapped accessible door push plates, of Harmonized Tariff Schedule subheading 7326.90.8688, dutiable at 2.9%, and mount boxes for handicapped accessible door push plates of HTS subheading 3926.90.9985, dutiable at 5.3%, should be given duty-free treatment under the Nairobi Protocol under subheading 9817.00.96. # 25-00061. Filed April 1.

Olympic Wire & Equipment, Inc., challenging CBP's denial of its protest claiming its coated wire of Harmonized Tariff Schedule subheading 7217.10.5090, free of duty, and secondary subheading 9903.80.01, with a 25% Section 232 duty, should be classified under subheading 7217.90.5030, free of duty and not subject to Section 232 duties. # 25-00062. Filed April 4.

Air Distribution USA Inc., challenging CBP's denial of its protest claiming its hookah tobacco of Harmonized Tariff Schedule subheading 2403.11.0000 was improperly assessed the internal revenue taxes rate for "pipe tobacco" instead of the "hookah tobacco" rate. # 25-00063. Filed April 7.

Fuzhou Hengli Paper Co., Ltd., challenging the Commerce Department's final determination in the antidumping duty investigation on paper plates from China for the period July 1, 2023, through Dec. 31, 2023. # 25-00064. Filed April 7.

Skyhigh Tech LLC, challenging CBP's denial of its protest claiming its drones were improperly deemed excluded. # 25-00065. Filed April 7.

V.O.S. Selections, Inc.; Plastic Services and Products, LLC, doing business as Genova Pipe; MicroKits, LLC; FishUSA Inc.; and Terry Precision Cycling LLC, challenging the president's use of the International Emergency Economic Powers Act to impose worldwide tariffs to address bilateral trade deficits. # 25-00066. Filed April 14.

AB Specialty Silicones, challenging CBP's denial of its protest claiming its silicon compounds of Harmonized Tariff Schedule subheadings 2910.90.9010/9903.88.04 should be classified under subheadings 2931.90.9051 and 3910.00.0000. # 25-00067. Filed April 16.

BASF Corp., challenging CBP's denial of its protest claiming its fish oil products of Harmonized Tariff Schedule subheadings 3824.99.4140, 3824.90.4142, 3824.90.4140 or 3824.99.55 or 1504.20.6040, "and other various subheadings," should be classified under subheadings 1603.00.90, 3003.90.0000 or 3001.90.0190. # 25-00068. Filed April 16.

Fabricas Unidas Marvik, S.A. de C.V., challenging CBP's denial of its protest claiming its men's and women's pants of Harmonized Tariff Schedule subheadings 6203.43.9030, dutiable at 27.9%; 6203.43.9040, dutiable at 27.9%; 6204.53.3010, dutiable at 16%; 6204.63.1132, dutiable at 28.5%; and 6204.63.9040, dutiable at 28.6%, should be classified under subheadings 6203.43.9011, 6204.63.1110, 6204.63.9032 and 9823.52.01, free of duty under the USMCA Trade Preference Level Program. # 25-00069. Filed April 16.

Go-Pak Paper Products Vietnam Co., Ltd., challenging the Commerce Department's final determination in an antidumping duty investigation on paper plates from Vietnam. # 25-00070. Filed April 19.

GoLabs Inc., d/b/a GoTrax, challenging CBP's denial of its protest claiming its toy hoverboards of Harmonized Tariff Schedule subheading 8711.60.0060, free of duty, and secondary subheading 9903.88.02, which carries a 25% Section 301 duty, should be classified under subheading 9503.00.0090, free of duty, and secondary subheading 9903.88.17, free of duty. # 25-00071. Filed April 21.

Maxeon Americas, Inc., challenging CBP's denial of its protests claiming its P6 and Max3 solar modules were improperly excluded under the Uyghur Forced Labor Prevention Act. #s 25-00072, -00073. Filed April 21.

Maxeon Americas, Inc., challenging CBP's denial of its protest claiming its Max6 solar modules were improperly excluded under the Uyghur Forced Labor Prevention Act. # 25-00074. Filed April 21.

Heinrich Georg GmbH Maschinenfabrik, challenging CBP's denial of its protest claiming its coil packaging machine of Harmonized Tariff Schedule subheading 8462.32.1080, dutiable at 4.4%, should be classified under subheading 8428.90.0390, free of duty. # 25-00075. Filed April 22.

U.S. Glass Producers Coalition, challenging the International Trade Commission's final negative injury determination on wine bottles from China and Mexico. # 25-00076. Filed April 23.

The State of Oregon, the State of Arizona, the State of Colorado, the State of Connecticut, the State of Delaware, the State of Illinois, the State of Maine, the State of Minnesota, the State of Nevada, the State of New Mexico, the State of New York and the State of Vermont, challenging President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs on all U.S. trading partners. # 25-00077. Filed April 23.

Princess Awesome, LLC; Stonemaier, LLC; 300 Below, Inc.; Upward Glance, LLC, d/b/a Quent Cordair Fine Art; KingSeal Corporation, d/b/a Wesco Enterprises, Inc.; Mischief, LLC, d/b/a Mischief Toy Store; Spielcraft Games, LLC; Rookie Mage Games, LLC; XYZ Game Labs, Inc.; Tinkerhouse, Inc.; and Reclamation Studio, LLC, d/b/a WitsEnd Mosaic challenging President Donald Trump's imposition of tariffs on China and nearly all U.S. global trading partners under the International Emergency Economic Powers Act. # 25-00078. Filed April 24.

Appeals of CIT Decisions

The following appeals of Court of International Trade decisions were filed at the U.S. Court of Appeals for the Federal Circuit during the weeks of March 17-23, March 23-30, March 31 - April 6, April 7-13, April 14-20 and April 21-27:

Kaptan Demir Celik Endustrisi ve Ticaret A.S., appealing a January CIT decision sustaining the Commerce Department's date of sale determination, differences in merchandise analysis and resulting antidumping duty rate in the 2021-22 administrative review of the AD order on steel concrete rebar from Turkey. # 25-1559. Opened March 19.

Brooklyn Bedding, LLC; Corsicana Mattress Co.; Elite Comfort Solutions; FXI, Inc.; Innocor, Inc.; Kolcraft Enterprises, Inc.; Leggett & Platt, Inc.; International Brotherhood of Teamsters; and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, appealing a February CIT decision sustaining the Commerce Department's antidumping duty investigation on mattresses from Indonesia. # 25-1674. Opened April 22.

Asia Wheel Co., Ltd.; Trailstar LLC; Lionshead Specialty Tire and Wheel LLC; and Dexter Distribution Group LLC, appealing a February CIT decision sustaining the inclusion of trailer wheels made of Chinese rims and Thai discs in the scope of the antidumping duty and countervailing duty orders on steel trailer wheels from China. #s 25-1689, -1690, -1692, -1693, -1694. Filed April 24.