In a confidential opinion released Aug. 22, Court of International Trade Judge Timothy Reif vacated the Commerce Department’s pause on antidumping and countervailing duties on solar cells from Thailand, Cambodia, Vietnam and Malaysia -- in place until June 6, 2024 -- after a finding that the countries' exporters were circumventing an antidumping duty on solar cells from China (Auxin Solar v. United States, CIT # 23-00274).

The U.S. is using "magical thinking" as the basis for its defense in the case against the legality of tariffs imposed under the International Emergency Economic Powers Act, said Rick Woldenberg, CEO of Hand2Mind and Learning Resources, the plaintiffs in the suit currently at the U.S. Court of Appeals for the D.C. Circuit.

Importer Allied Stone agreed to pay $12.4 million to settle claims that it violated the False Claims Act by evading antidumping duties and countervailing duties on quartz surface products from China, DOJ announced. The FCA case was initially filed by Melinda Hemphill, a whistleblower in the case, who will receive a $2,170,875 cut of the settlement.

The following lawsuits were filed at the Court of International Trade during the week of Aug. 4-10:

The U.S. Court of Appeals for the Federal Circuit will likely rule against the Trump administration in the lead case on the legality of tariffs imposed under the International Emergency Economic Powers Act, though it's unclear under what exact rationale the court will do so, said Peter Harrell, a former National Security Council official during the Biden administration.

The U.S. filed a motion for default judgment at the Court of International Trade on Aug. 10 against importer Rago Tires, seeking $56,435.48 for gross negligence in classifying its tires as not subject to antidumping duties and countervailing duties (United States v. Rago Tires, CIT # 24-00043).

The U.S. filed a motion for default judgment on Aug. 7 against importer E-Dong, U.S.A. in pursuit of $234,748.30 in lost revenue due to the importer's negligent failure to pay a federal excise tax on its "Korean distilled beverage soju." The government said E-Dong lied on customs forms by misclassifying the distilled liquor as rice wine, adding that these misstatements "constitute negligent violations for failure to exercise reasonable care and competence" (United States v. E-Dong, U.S.A., CIT # 24-00066).

CBP improperly classified importer Air Distribution USA's shisha molasses, also known as "hookah tobacco," as a type of "smoking tobacco" and erroneously subjected the shisha molasses to federal excise taxes on "pipe tobacco," Air Distribution argued in a complaint last month at the Court of International Trade (Air Distribution USA v. United States, CIT # 25-00063).

The following lawsuits were filed at the Court of International Trade during the week of July 28 - Aug. 3.

The Court of International Trade on July 29 denied importers Johanna Foods' and Johanna Beverage Company's application for a temporary restraining order against President Donald Trump's threatened 50% tariff on Brazil. Judge Timothy Reif held that the importers failed to show "a likelihood that immediate and irreparable harm would occur before the threatened August 1, 2025 tariff" (Johanna Foods v. Executive Office of the President of the United States, CIT # 25-00155).