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CIT Dismisses Section 301 Exclusion Case Over Faulty Complaint, Gives 10 Days to Fix
April 11, 2023 by Jacob Kopnick|Penalties and Courts

The Court of International Trade on April 11 dismissed without prejudice a suit from Environment One Corp. seeking to impose a Section 301 exclusion on 31 entries, for failing to state a claim on which relief can be granted. While Judge Mark Barnett ruled against the government's motion to dismiss the case pertaining to 23 of the entries for lack of jurisdiction, the judge ultimately granted the U.S. motion to dismiss the case since the plaintiff failed to include key information about the merchandise at issue in the case's amended complaint. Barnett gave Environment One 10 days to file a second amended complaint lest the case be dismissed with prejudice.

Topics:Customs duty, Court of International Trade
Trade Court Judge Denies Judgment Motions in Defective Plywood Case
March 21, 2023 by Ben Perkins|Penalties and Courts

Two separate motions for summary judgment in a case involving allegedly defective plywood were shot down by Court of International Trade Judge Jennifer Choe-Groves in a March 20 opinion. Choe-Groves found that Bral had not sufficiently made a case under the customs regulations that all its imported plywood was defective and should have been appraised at a lower value, but neither had DOJ proven otherwise.

Topics:Court of International Trade
CIT Tosses Case Over Denied CBP Protests for Lack of Jurisdiction Under 1581(i)
March 16, 2023 by Jacob Kopnick|Penalties and Courts

The Court of International Trade doesn’t have jurisdiction to hear a case involving a textile company’s dispute with CBP, saying the company sought relief under the wrong statute, Judge Timothy Stanceu held in a March 10 opinion. The trade court found Printing Textiles, doing business as Berger Textiles, didn’t show why the denied protest challenge should be filed under Section 1581(i), the court's "residual" jurisdiction, and not Section 1581(a). Berger filed a notice of appeal the next business day.

Topics:Customs duty, Court of International Trade