The Court of International Trade on Nov. 20 dismissed an importer’s bid to invalidate the preliminary determination in the ongoing antidumping duty investigation on aluminum foil from China, finding the importer needs to wait for the final determination to challenge the case. Valeo North America sought to bar the collection of AD duty cash deposits on its imported aluminum foil, arguing that Commerce’s late issuance of the preliminary determination means that it should have been “deemed negative” with all rates automatically set to zero. Valeo claimed CIT had “residual jurisdiction” over the case because all the normal avenues for a court hearing were inadequate. But CIT found Valeo could wait to argue its case in a normal challenge of a Commerce final determination. Paying cash deposits while waiting for a chance to challenge an AD duty case is a normal situation, and “neither the burden of participating in the administrative proceeding nor the business uncertainty caused by such a proceeding is sufficient to constitute manifest inadequacy,” CIT said.

The following lawsuits were filed at the Court of International Trade during the week of Nov. 13-19:

The following lawsuits were filed at the Court of International Trade during the week of Nov. 6-12:

The following lawsuits were filed at the Court of International Trade during the week of Oct. 30-Nov. 5:

The following lawsuits were filed at the Court of International Trade during the week of Oct. 23-29:

Mario Toscano has been appointed clerk of the Court of International Trade, CIT confirmed in an email. Toscano had been “acting” clerk since July (see 1707170015), after Tina Potuto Kimble left the position (see 1705250022). Toscano was previously chief deputy clerk.

The following lawsuits were filed at the Court of International Trade during the week of Oct. 16-22:

The Bureau of Industry and Security is denying export privileges for five individuals for export control law violations, the agency said. BIS denied export privileges for Adrian Hernandez until Oct. 13, 2020, for exporting one or more firearms designated on the U.S. Munitions List (USML) from the U.S. to Mexico; Jimmy Rojas until Sept. 8, 2026, for attempting to export to Jordan a night vision device and optical gunsight rifle scope without the required State Department licenses; Marleen Rochin until Nov. 16, 2020, for exporting one or more USML-designated firearms without the required State licenses; Martin Jan Leff until Jan. 6, 2026, for exporting seven F-4 Phantom fighter jet wheel assemblies from the U.S. to Hong Kong without required State Department licenses; and Rodrigo Chico-Rodriguez until April 18, 2026, for exporting to Mexico two rifles, a pistol and 312 rounds of ammunition without the required State license.

The following lawsuits were filed at the Court of International Trade during the week of Oct. 9-15:

The Court of International Trade on Oct. 10 ordered a now-defunct Florida importer to pay more than $130,000 in penalties and unpaid duties for misclassification and undervaluation of its dairy products. Chavez Import & Export (CIE), which was dissolved in 2008, misclassified its “soft dairy express” and “white cheese,” resulting in underpayment of AD duties, and declared duty preferences under the Caribbean Basin Economic Recovery Act (CBERA) despite preferences not being available under the correct classification, CIT said. The company also undervalued some entries so they could be processed as informal without surety bonds, and “did not provide meaningful descriptions of the products” on entry documentation. CIE did not defend itself in the case, so CIT automatically took the government’s allegations as true and found CIE committed negligent violations of 19 USC 1592. CIT had already ordered the company’s vice president, Juan Chavez, to pay a penalty in 2016 for the same violations (see 1603280014).