The Commerce Department is amending countervailing duty rates on imports of wooden cabinets and vanities from China (C-570-107), implementing a recent Court of International Trade decision that overturned the agency’s original final CVD determination (see 2004200017). As a result of changes to Ancientree’s rate calculation, the “all-others” cash deposit rate will fall to 18.17%, effective June 22.
The following lawsuits were filed at the Court of International Trade during the week of June 23-29:
CBP unlawfully excluded importer Agri Spray Drones' entries of drone controllers without explanation, the importer argued in a June 30 complaint at the Court of International Trade (Agri Spray Drones v. United States, CIT # 25-00141).
The Forced Labor Enforcement Task Force failed to undertake a transparent process in considering exporter Ninestar's application for delisting from the Uyghur Forced Labor Prevention Act Entity List, Ninestar told the Court of International Trade on June 26. Ninestar said FLETF's process was neither "fair, transparent," nor "productive," and led the task force to ignore its obligations and the company's rights under the Administrative Procedure Act (Ninestar Corp. v. United States, CIT # 23-00182).
Importer American Eel Depot filed a pair of complaints at the Court of International Trade on June 27 to contest CBP's classification of its frozen roasted eel under Harmonized Tariff Schedule subheading 1604.17.10 and secondary subheading 9903.88.03, subjecting the goods to Section 301 duties. The company argued that its goods aren't products of China but, in fact, have a country of origin of the U.S. (American Eel Depot v. United States, CIT # 21-00278, -00279).
The Supreme Court's recent decision to eliminate nationwide injunctions won't impact the Court of International Trade, attorneys told us. The trade court is a court of national jurisdiction and will keep the right to issue nationwide injunctions for issues within its jurisdiction, the attorneys said.
CBP has released its June 25 Customs Bulletin (Vol. 59, No. 26), which includes the following ruling actions:
Two former general counsels from the Office of the U.S. Trade Representative disagreed sharply about the need for the current aggressive tariff hikes. But Jennifer Hillman, who is helping to write amicus briefs for members of Congress challenging the legality of International Emergency Economic Powers Act tariffs, and Steven Vaughn, who served in the first Trump administration, agree what would happen if the current administration loses the case.
The Court of International Trade called on future litigants to address the "various problems of interpretation" posed by the Commerce Department's subassemblies provision in its antidumping duty and countervailing duty orders. In a pair of decisions issued June 25, Judge Timothy Stanceu said the current construction of the provision can lead to "unreasonable, and even absurd, results."
The following lawsuits were filed at the Court of International Trade during the week of June 16-22: