The U.S. Court of Appeals for the Federal Circuit issued its mandate Sept. 22 in Royal Brush Manufacturing v. U.S. The appellate court ruled in July that CBP violated importer Royal Brush's due process rights during an Enforce and Protect Act investigation by not providing the company with access to business confidential information (see 2307270038). The ruling has raised questions on how CBP would respond and how it will conduct its antidumping and countervailing duty evasion investigations in the future. Royal Brush counsel Steven Gordon emailed that the U.S. hasn't petitioned for a rehearing and that he doesn't expect an appeal to the U.S. Supreme Court (Royal Brush Manufacturing v. U.S., Fed. Cir. # 22-1226).
The Commerce Department legally held that modified engines with a gearbox and vertical power take-off shaft are covered by the antidumping and countervailing duty orders on vertical shaft engines between 99cc and 255cc from China, the U.S. said in a Sept. 19 reply brief at the Court of International Trade (Zhejiang Amerisun Technology Co. v. U.S., CIT # 23-00011).
The U.S. filed a customs penalty lawsuit on Sept. 22 at the Court of International Trade against importer Rayson Global and its owner Doris Cheng, seeking a nearly $3.4 million penalty related to evaded antidumping and Section 301 duties on uncovered mattress innersprings from China. The complaint says the imports were transshipped from China through Thailand to avoid the duties (United States v. Rayson Global, CIT # 23-00201).
The Court of International Trade improperly relied on an adverse inference in rejecting importer Meyer Corp.'s claim for first sale treatment related to the valuation of its cookware imports, Meyer told the U.S. Court of Appeals for the Federal Circuit in a Sept. 21 reply brief. Meyer claimed that the trade court's inference, which the importer said is the "centerpiece" of the U.S. defense, is based solely on "pure speculation" and shows that the court committed "clear error" (Meyer Corp. v. United States, Fed. Cir. # 23-1570).
The Court of International Trade in a Sept. 20 opinion dismissed a customs penalty case involving surety company Lincoln General Insurance Co. The company filed a joint motion to dismiss with the U.S. in the case, as well as in 10 other similar matters, telling the court that the parties reached an understanding regarding "priority classification that enabled [CBP] to request that the Commonwealth Court of Pennsylvania approve the United States' claim" as "undisputed and resolved" (see 2309200038). Judge Jane Restani granted the motion to dismiss.
DOJ's administrative proceedings against SpaceX looking into whether the space exploration firm's hiring practices violated federal export control laws are unconstitutional, SpaceX said in a Sept. 15 complaint in the U.S. District Court for the Southern District of Texas (Space Exploration Technologies v. Carol Bell, S.D. Tex. # 23-00137).
The Court of International Trade on Sept. 21 ruled in a customs classification case involving eight different categories of decorative plant parts, siding with importer Second Nature Designs on its preferred classification of two of the categories and with the government on one of the categories. Pertaining to three other categories, Judge Gary Katzmann said that there were fact questions remaining, leading the judge to deny summary judgment and advance litigation to its "second phase."
Ukraine filed dispute cases at the World Trade Organization against Hungary, Poland and Slovakia concerning their bans on Ukraine's agricultural exports, the country's Ministry of Economy announced, according to an unofficial translation. The ministry said the three nations' "unilateral ban" violates the countries' international obligations.
The Judicial Council of the Federal Circuit in a Sept. 20 order affirmed a three-judge panel's suggestion that Judge Pauline Newman shouldn't be assigned new cases for one year due to her efforts to impede the probe into her fitness to continue serving on the bench. The council said the evidence "amply justified" an order subjecting Newman to a medical examination and that her refusal to comply, among other things, thwarted the council's ability to decide whether she "has a disability that renders her unable to perform the duties of her important office."
The U.S. and Lincoln General Insurance Co. both moved to dismiss 11 different customs penalty claims concerning various single transaction bonds the company entered into with importer Aftahour. The consent motion to dismiss the lawsuits said that "the parties reached an understanding regarding priority classification that enabled [CBP] to request that the Commonwealth Court of Pennsylvania approve the United States' claim" as "undisputed and resolved." As a result, the U.S. "distributed the assets of Lincoln."