Mediation at the Court of International Trade in a customs penalty suit between the U.S. and importer Katana Racing resulted in a settlement of all issues, CIT Judge Jennifer Choe-Groves reported on June 6 (U.S. v. Katana Racing, CIT # 19-00125).
Importer Hellbender filed a complaint at the Court of International Trade on June 6 arguing that its electronic components are of Taiwanese origin, not Chinese origin, and are thus exempt from Section 301 duties (Hellbender v. United States, CIT # 24-00104).
The Court of International Trade on June 5 sent back the Commerce Department's new shipper review of exporter Co May under the antidumping duty order on frozen fish fillets from Vietnam after the petitioner, the Catfish Farmers of America, challenged whether Co May's single U.S. sale was bona fide. Judge Jane Restani sent the review back so Commerce can address its "profitability analysis," and specifically, so the agency can look at "antidumping duty expenses and sales between likely affiliated parties."
The Court of International Trade on June 9 sent back a Commerce Department scope ruling excluding exporter Cheng Shin Rubber Industry's temporary-use spare tires (T-type tires) from the scope of the antidumping duty order on passenger vehicle and light truck tires from Taiwan. Judge Jennifer Choe-Groves said Commerce improperly added a requirement in the order's scope that the tires be of "regular use," since this term doesn't appear in the "statutory language" and is "belied by the terms of the Order itself."
The Commerce Department failed to follow the "procedural prerequisites" for changing its position on remand when using adverse facts available against exporter Saha Thai Steel Pipe in an antidumping duty review, the Court of International Trade held on June 5. Remanding the review for a third time, Judge Stephen Vaden said Commerce ran "afoul of the most basic of administrative law requirements" when it "falsely claimed to keep its rationale the same" for applying AFA "while quietly changing its position."
The Aluminum Association Trade Enforcement Working Group, an antidumping duty petitioner, told the Court of International Trade that a recent CIT decision regarding respondent Assan Aluminyum's duty drawback adjustment is relevant for its case also involving a duty drawback adjustment claim from Assan (Assan Aluminyum Sanayi ve Ticaret v. United States, CIT # 21-00616).
The Supreme Court on June 5 said the Mexican government failed to "plausibly allege" that seven U.S. gun manufacturers "aided and abetted gun dealers' unlawful sales of firearms to Mexican traffickers." As a result, the Protection of Lawful Commerce in Arms Act (PLCAA) bars the lawsuit, a unanimous court held.
Akin Gump attorneys, representing two small importers, filed an unopposed motion to expedite consideration of the appeal before the U.S. Court of Appeals for the D.C. Circuit on the validity of tariffs imposed under the International Emergency Economic Powers Act. The importers' proposed schedule for the case would conclude briefing on Aug. 8 and see the appellate court hold oral argument either during a "special summer sitting" or on the first date in the court's September sitting (Learning Resources v. Trump, D.C. Cir. # 25-5202).
The State of California appealed the U.S. District Court for the Northern District of California's decision to dismiss its case challenging tariff action taken under the International Emergency Economic Powers Act, filing on June 4 a motion to expedite the appeal. California's proposed schedule would see briefing conclude on Aug. 18, with California's opening brief due on June 30 (State of California v. Donald J. Trump, 9th Cir. # 25-3493).
The U.S. Court of Appeals for the Federal Circuit on June 5 said the Commerce Department improperly prioritized "transparency" over its statutory duty to compare physically identical products in an antidumping duty review.