The following lawsuits were filed at the Court of International Trade during the week of Oct. 21-27:
The Court of International Trade on Oct. 28 denied importer Retractable Technologies' motion for a temporary restraining order and preliminary injunction against the collection of certain Section 301 tariffs, though the court granted the company's motion for a preliminary injunction enjoining liquidation of its entries during the course of litigation. Judge Claire Kelly issued the confidential decision, giving the parties until Nov. 1 to review any confidential information in the opinion (Retractable Technologies v. U.S., CIT # 24-00185).
The Commerce Department has the authority to countervail currency undervaluation, the Court of International Trade held in a decision made public Oct. 25. Judge Timothy Reif found that nothing in the text of the countervailing duty statute, the statute's legislative history or legislative or administrative developments prohibit Commerce from imposing CVD due to a country's undervalued currency.
The Singaporean corporations that owned and operated the vessel that destroyed the Francis Scott Key Bridge in Baltimore will pay $101,980,000 to settle the government's civil claim against the companies for "costs borne in responding" to the bridge's collapse, DOJ announced on Oct. 24. The U.S. sought over $103 million under the Rivers and Harbors Act, Oil Pollution Act and general maritime law (see 2409190042). DOJ said the money will go to the U.S. Treasury and various federal agencies "directly affected" by the collision or involved in the response. The settlement doesn't include costs for reconstructing the bridge, since those efforts will be led by the State of Maryland (In the Matter of the Petition of Grace Ocean Private Limited, D. Md. # 24-00941).
The Court of International Trade in a decision made public Oct. 23 sustained the Commerce Department's rejection of eight Section 232 steel tariff exclusion requests from importer Seneca Foods Corp. on its tin mill product entries. Judge Gary Katzmann said the rejections were backed by substantial evidence and in line with agency practice.
The following lawsuits were filed at the Court of International Trade during the weeks of Oct. 7-13 and Oct. 14-20:
The Court of International Trade on Oct. 15 limited the scope of the testimony that will be offered by two of the government's witnesses in a customs spat on the classification of The Comfy, a wearable blanket imported by Cozy Comfort Co. Judge Stephen Vaden said fashion industry professional Patricia Concannon can testify only on topics related to the "sale, marketing, and merchandising of apparel," and that CBP national import specialist Renee Orsat "may not testify about opinions she formed during the Customs’ classification process."
The Court of International Trade on Oct. 8 sustained the Commerce Department's scope ruling including importer Printing Textiles' "Canvas Banner Matisse" imports within the scope of the antidumping duty order on artist canvas from China. Judge Timothy Stanceu said Commerce's interpretation of one sentence of the order's scope that is ambiguous "was not per se unreasonable."
The following lawsuits were filed at the Court of International Trade during the week of Sept. 30 - Oct. 6:
The Court of International Trade on Oct. 7 denied importer Interglobal Forest's application for attorney's fees in its suit challenging CBP's affirmative finding of evasion of the antidumping and countervailing duty orders on hardwood plywood from China. Judge Mark Barnett said that Interglobal wasn't a "prevailing party" in the action because the evasion determination was reversed without admitting to an agency error and only after the Commerce Department reversed its scope finding after separate legal action at the trade court.