The U.S. Court of Appeals for the Federal Circuit ordered the delay of a ban on imports of a rival product to Allergan's Botox. The day before the 21-month limited exclusion order was to take effect on South Korean company Daewoong Pharmaceutical's anti-wrinkle treatment Jeuveau, the court temporarily halted the International Trade Commission's ban while the case is being heard. Any oppositions to the motion -- a position held by Allergan and its Korean partner Medytox -- are due by March 2, and any support of the delay must be submitted by March 5. The exclusion order stems from an ITC investigation into allegations that imports of botulinum toxin products violate Section 337 by way of theft of Medytox's and Allergan's trade secrets (see 1903080013). Daewoong and its U.S. subsidiary Evolus oppose the ban, claiming that the ITC has weaponized these investigations against rival manufacturers even when no violation of U.S. law has been committed. “Evolus is pleased with this decision as it allows us to continue to sell Jeuveau® to our customers without interruption,” a spokesperson for Evolus said.
Importers of steel and aluminum could be facing higher antidumping duty rates, after the Court of International Trade ruled Feb. 17 that Section 232 tariffs are a form of normal import duties that should be deducted from foreign exporters' U.S. prices in AD duty rate calculations. The trade court held that, unlike Section 201 safeguard duties and AD/CV duties, which are not deducted, the national security-based Section 232 tariffs have a different purpose unrelated to remediating injury from an import surge or underpriced imports.
The following lawsuits were filed at the Court of International Trade during the week of Feb.8-14:
Importer E.G. Plastics failed to pay antidumping duties on 25 entries of polyethylene retail carrier bags and now must pay $1.1 million plus pre-judgment interest. Court of International Trade Judge Gary Katzmann issued a default judgment against E.G. Plastics after the company failed to defend itself in court against allegations that it failed to pay the duties on bags imported between 2008 and 2009. “Because E.G. Plastics failed to protest the liquidations of the entries at issue and E.G. Plastics failed to appear, plead, or otherwise defend itself in this action, the court grants the Government’s motion for default judgment,” the decision said.
Target Corporation was denied the chance to appeal a Court of International Trade decision on the antidumping duty rate for ironing tables from China that the retailer imports. In a Feb. 16 decision, the U.S. Court of Appeals for the Federal Circuit said that the company has no right to appeal because it wasn't part of the original case and that it is not appealing CIT's original decision to deny Target the right to intervene in the original case.
The Court of International Trade on Feb. 16 ordered a cigarette rolling paper importer to pay a $239,946.40 penalty for negligent violations of Section 592 because of $5,296.37 in remaining unpaid excise taxes. Judge Gary Katzmann issued the default judgment against The Token Group after the importer failed to appear in court to dispute the charge that it hadn't paid the full $119,973.20 in excise taxes it originally failed to pay.
The International Trade Commission is banning importation of lithium-ion batteries from SK Innovation, the ITC said in a notice issued Feb. 10. The ITC issued a Section 337 limited exclusion order on SK batteries, as well as a cease and desist order against SK, after its South Korean rival LG Chem accused the company of stealing trade secrets. The company still may import components for domestic U.S. production of lithium-ion batteries and other parts for Ford Motor Co.'s EV F-150 program for four years, and for Volkswagen of America's MEB electric vehicle line for North America for two years.
The Court of International Trade will use a “master case” to reduce the time and expense of duplicate filings in the more than 3,700 lawsuits against President Donald Trump's lists 3 and 4A Section 301 China tariffs, CIT Judge Mark Barnett said in a Feb. 10 order. Barnett also gave the government defense until March 12, 2021, to submit its first defense, barring no motions to extend time to file. These procedural steps pertain to the copious number of Section 301 cases that were assigned to a three-panel judge at CIT on Feb. 5 (see 2102050008).
While the World Trade Organization faces multiple crises, including COVID-19 vaccine export control threats and massive trade wars, the institution's Deputy Director-General Alan Wolff delivered a 10-item agenda for moving forward. Speaking Feb. 9 at a Washington International Trade Association conference, Wolff said the WTO will be judged by “how well it deals with the crises of our time,” saying it must “demonstrate soon and visibly that it can deliver on subjects relevant to all those who engage in international trade or are affected by it ... pretty much everyone.”
The following lawsuits were filed at the Court of International Trade during the week of Feb.1-7: