The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade granted importer Time After Time Manufacturing's motion to dismiss its own customs case concerning its entries of plant carts. The importer filed the case in September, arguing that its plant carts of Harmonized Tariff Schedule subheading 9403.20.0050, free of duty, and secondary subheading 9903.88.03, subject to 25% Section 301 duties, qualify for subheadings 9817.00.5000 and 9403.20.0050, both free of duty (Time After Time Manufacturing v. U.S., CIT # 23-00203).
Antidumping duty respondent Assan Aluminyum Sanayi ve Ticaret filed a second notice of supplemental authorities in its AD case at the Court of International Trade to point to a separate AD review involving a duty drawback adjustment and Commerce's requirement that only closed inward processing certificates be included in the numerator of Commerce's per unit calculation (Assan Aluminyum Sanayi ve Ticaret v. U.S., CIT Consol. # 21-00616).
Counsel for importer Larson-Juhl US will proceed with the company's customs case alongside two cases from the relevant exporter, China Cornici Co., which is also represented by the same counsel. Submitting a joint status report to the Court of International Trade, Clark Hill attorneys said that they made the decision to allow the three cases to "proceed independently" instead of staying one of them following a meeting with the court in which Judge Stephen Vaden "asked the parties to reconsider the request to continue the stay and to discuss the order in which the three cases should proceed" (Larson-Juhl US v. United States, CIT # 23-00032).
The U.S. Court of Appeals for the Federal Circuit's key decision in Royal Brush Manufacturing v. United States doesn't apply to an Enforce and Protect Act case brought by importer All One God Faith since the importer's entries are all liquidated, the U.S. told the appellate court. Submitting a letter to the court on Nov. 7, the government argued that the court "has not addressed its jurisdiction over cases where all entries were liquidated with antidumping duties and those liquidations became final and conclusive," adding that this fact distinguishes it from Royal Brush (All One God Faith v. United States, Fed. Cir. # 23-1078).
Judges at the U.S. Court of Appeals for the Federal Circuit questioned antidumping duty petitioner Wheatland Tube Co. and respondent Saha Thai Steel Pipe Public Co. during a Nov. 7 oral argument over Wheatland's claim that a Commerce Department scope ruling improperly excluded dual-stenciled pipe from the AD order on circular welded carbon steel pipes and tubes from Thailand (Saha Thai Steel Pipe Public Co. v. United States, Fed. Cir. # 22-2181).
CBP abused its discretion by ignoring explicit antidumping and countervailing duty scope language when it found that importer and AD/CVD petitioner Pitts Enterprises evaded the AD/CVD orders on chassis and subassemblies thereof from China, Pitts argued in a Nov. 6 complaint at the Court of International Trade. The importer admitted to integrating Chinese axle and landing gear leg components into finished chassis shipments, which were finished in Vietnam, but it said individual Chinese components were "explicitly removed from the scope" (Pitts Enterprises v. U.S., CIT # 23-00234).
A recently introduced Senate bill that would impose an import pollution fee likely violates World Trade Organization rules, Simon Lester, former legal affairs officer at the WTO Appellate Body Secretariat, said in a blog post.
Nine new members have been appointed to the Court of International Trade's Rules Advisory Committee, the trade court announced on Nov. 3. Representing the different sections within the trade bar, the new members are DOJ's Sosun Bae and Luke Mathers; Jill Cramer of Mowry & Grimson; the Commerce Department's Emma Hunter; CBP's Tamari Lagvilava; Joshua Morey of Kelley Drye; Richard O'Neill of Neville Peterson; R. Will Planert of Morris Manning; and Devin Sikes of Akin Gump.
The following lawsuit was recently filed at the Court of International Trade: