Court of International Trade Judge Gary Katzmann on March 27 denied a motion to dismiss a U.S. claim against German thermal paper exporter Koehler Oberkirch and its affiliate, Koehler Paper, for nearly $200 million in duties unpaid by the now-defunct Papierfabrik August Koehler. He said that the trade court has personal jurisdiction over the case because Koehler Oberkirch is the successor-in-interest of Papierfabrik August Koehler; meanwhile, Koehler Paper, due to the U.S. fraud allegation, is the successor-in-interest of Koehler Oberkirch (United States v. Koehler Oberkirch, CIT # 24-00014).
The Court of International Trade granted three wildlife advocacy groups' voluntary dismissal of a case seeking an import ban on fisheries from nine countries after the groups reached a settlement with the U.S. government. Judge Gary Katzmann dropped the case, though he retained jurisdiction over the matter to oversee implementation of the settlement, at the parties' request.
CBP has released its March 19 Customs Bulletin (Vol. 59, No. 12). While it contains no ruling notices, it does include one Court of International Trade slip opinion.
The following lawsuits were filed at the Court of International Trade during the week of March 10-16:
Jane Dempsey, former attorney in the Office of the General Counsel at the International Trade Commission, has joined Polsinelli as counsel in the trade remedies practice, the firm said. At the ITC, Dempsey served as lead counsel in trade remedies litigation before the Court of International Trade and U.S. Court of Appeals for the Federal Circuit.
The Commerce Department is amending the final results of the antidumping duty administrative review on steel concrete reinforcing bar (rebar) from Mexico (A-201-844), covering the period Nov. 1, 2019, through Oct. 31, 2020, based on a recent decision in a court case challenging those final results. Commerce calculated a revised AD rate for Grupo Simec, which affected the review average rate for Grupo Acerero S.A. de C.V. (Grupo Acerero), and Sidertul S.A. de C.V. (Sidertul). The AD rate for all of the respondents changed to zero percent.
CBP has released its March 12 Customs Bulletin (Vol. 59, No. 11), which includes a ruling notice involving the revocation of one ruling letter and revocation of treatment relating to the tariff classification of certain wheels and hubs for trucks and trailers. Also included are four Court of International Trade slip opinions and one U.S. Court of Appeals for the Federal Circuit decision.
A State Department notice declaring that all agency efforts to control international trade now constitute a "foreign affairs function" of the U.S. under the Administrative Procedure Act will ultimately be subject to the discretion of the courts, trade lawyers told us.
The Commerce Department has published amended final results of the antidumping duty administrative review on passenger vehicle and light truck tires from China (A-570-016), originally published April 26, 2019, to align with a partial judgment in a court case that challenged a rate in those results.
The following lawsuits were filed at the Court of International Trade during the weeks of Feb. 10-16, Feb. 17-23, Feb. 24 - March 2 and March 3-9: