In a September 7, 2010 decision, Alden Leeds Inc. v. U.S., the Court of International Trade denied U.S. Customs and Border Protection’s request to dismiss an importer’s claim for a refund of estimated antidumping duties deposited in excess of the final AD duty rate.

The Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit (CAFC) made the following antidumping and countervailing law determinations, or released the public versions of such, in the first half of October 2010.

In an October 4, 2010 decision, Lizarraga Customs Broker v. U.S. et al., the Court of International Trade entered into record U.S. Customs and Border Protection’s “Confession of Judgment” in favor of Lizarraga Customs Broker, in which CBP conceded to not suspend or deactivate Mr. Lizarraga entry filer code for any past fact or event.

The Court of International Trade (CIT) made the following antidumping law determinations in the second half of September 2010.

The American Trucking Associations (ATA) on September 24, 2010, filed a court motion to maintain the preliminary injunction delaying implementation of certain provisions of the Concession Agreements of the Port of Los Angeles’ Clean Trucks program, including the employee driver mandate.

The Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit (CAFC) made public the following antidumping and countervailing duty law determinations in the first half of September 2010.

The Court of Appeals for the District of Columbia Circuit has ruled that the Environmental Protection Agency's 2009 final rule that tightened the phase out of HCFC (hydrochlorofluorcarbon) production as required by the Montreal Protocol, had unacceptably altered transactions that EPA had approved under its 2003 rule, and thus had an impermissible retroactive effect. The Court vacated the 2009 rule in part and remanded it to the EPA.

In the review of Horizon Lines, LLC, v. U.S. (Horizon III)ordered by the appeals court, the Court of International Trade ruled that new evidence shows that Horizon’s decision to lay-up the Horizon Crusader in Indonesia was based on its lack of a commercial use for the vessel and that costs of the lay-up were therefore not dutiable under 19 USC 1466(a)¹ as part of the repairs performed later in Singapore.

The American Trucking Associations, Inc. has issued a September 2, 2010 newsletter stating that it will seek a stay of the District Court's recent ruling pending ATA's appeal, that upheld the Los Angeles Port's Clean Truck Program employee driver mandate and other features of the CTP. ATA stated that it will request the stay from the District Court and then if necessary from the Ninth Circuit Court of Appeals. Newsletter available by emailing documents@brokerpower.com .

The Court of Appeals for the Federal Circuit has issued the following recent decisions on patent issues involving the International Trade Commission (ITC).