Court of International Trade Judge Timothy Reif on Aug. 22 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.
CBP has released its Aug. 13 Customs Bulletin (Vol. 59, No. 33), which includes the following ruling actions:
The following lawsuits were filed at the Court of International Trade during the week of Aug. 4-10:
Target General Merchandise's string light models are properly classified under Harmonized Tariff Schedule heading 9405 as lamps with a "permanently fixed light source" not specified elsewhere in the tariff schedule and not under heading 8543 as parts of electrical machines having individual functions not specified elsewhere in the chapter, the Court of International Trade held on Aug. 13. Judge Lisa Wang ruled that Target's seven models of string lights specifically fall under subheading 9405.30.00 as lighting sets "of a kind used for Christmas trees.”
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 has released its Aug. 6 Customs Bulletin (Vol. 59, No. 32). While it contains no ruling notices, it includes four Court of International Trade slip opinions.
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.