In a September 7, 2010 decision, Alden Leeds Inc. v. U.S., the Court of International Trade denied U.S. Customs and Border Protection’s request to dismiss an importer’s claim for a refund of estimated antidumping duties deposited in excess of the final AD duty rate.
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
The Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit (CAFC) made the following antidumping and countervailing law determinations, or released the public versions of such, in the first half of October 2010.
On July 7, 2010, the Court of International Trade sustained the International Trade Administration's results of redetermination on remand concerning the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from Germany (A-428-801).
In an October 6, 2010 decision, Shah Brothers, Inc. v. U.S., the Court of International Trade stated that U.S. Customs and Border Protection has “confessed judgment” to Shah Brother’s claim that imported gutkha is chewing tobacco under HTS 2403.99.2030 and not snuff under 2403.99.2040, and is therefore subject to a lower excise tax rate.
The International Trade Administration has published two "Timken"1 notices stating that recent Court of International Trade rulings are not in harmony with the ITA's amended final AD and final CV duty determinations on certain new pneumatic off-the-road (OTR) tires from China (A-570-912 and C-570-913).
On October 4, 2010 the U.S. Supreme Court announced it will not hear Totes-Isotoner Corporation’s challenge to higher tariff rates for men’s gloves, as opposed to gloves for women and children.
In an October 4, 2010 decision, Lizarraga Customs Broker v. U.S. et al., the Court of International Trade entered into record U.S. Customs and Border Protection’s “Confession of Judgment” in favor of Lizarraga Customs Broker, in which CBP conceded to not suspend or deactivate Mr. Lizarraga entry filer code for any past fact or event.
The Court of International Trade has entered U.S. Customs and Border Protection’s “confession of judgment” in favor of Lizarraga Customs Broker, which was filed in response to Lizarraga’s pending motion for a preliminary injunction.
The Court of International Trade (CIT) made the following antidumping law determinations in the second half of September 2010.
The International Trade Administration is amending its final results of antidumping duty administrative review of certain frozen warmwater shrimp from Vietnam for the period of February 1, 2008, through January 31, 2009 (A-552-801).