The U.S. Court of Appeals for the 9th Circuit on June 23 upheld a jury's determination that importer Sigma Corp. is liable under the False Claims Act for lying about whether its imports were subject to antidumping duties. Judges Michelle Friedland and Mark Bennett said no errors of law were made against Sigma and that the federal district court, not the Court of International Trade, had jurisdiction in the case (Island Industries v. Sigma Corp., 9th Cir. # 22-55063).
The Supreme Court on June 20 denied a motion from importers Learning Resources and Hand2Mind to expedite consideration of their petition to have the high court take up their lawsuit against tariffs imposed under the International Emergency Economic Powers Act (Learning Resources v. Trump, Sup. Ct. # 24-1287).
The following lawsuits were filed at the Court of International Trade during the week of June 9-15:
An individual importer, Ricardo Vega, will receive refunds for a Porsche imported in 2023, according to a stipulated judgment filed at the Court of International Trade on June 17. Similarly, importers Yellowbird Enterprises and Vantage Point Services will receive refunds for duties paid on a Jaguar also entered in 2023.
The Senate version of the tax bill moving through Congress cut out two trade-related provisions that passed the House -- one, which would end de minimis for all imports in July 2027, and the other, curtailing drawback for tobacco products.
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on hardwood and decorative plywood from China (A-570-211/C-570-212), Indonesia (A-560-844/C-560-845) and Vietnam (A-552-851/C-552-852). The CVD investigations cover entries for the calendar year 2024. The AD investigation on Indonesia covers entries April 1, 2024, through March 31, 2025, and the AD investigations on China and Vietnam cover entries Oct. 1, 2024, through March 31, 2025.
The Comfy, a "wearable, oversized item covering the front and back with a hood, sleeves, ribbed cuffs, and a marsupial pocket," is a pullover and not a blanket, the Court of International Trade held on June 16. Issuing a decision after a five-day bench trial held last year, Judge Stephen Vaden said, as a matter of fact, The Comfy doesn't protect against "extreme cold," and that, as a matter of law, the item fits under Harmonized Tariff Schedule heading 6110, which provides for pullovers.
The importer seeking class certification at the Court of International Trade to obtain refunds for tariffs imposed under the International Emergency Economic Powers Act voluntarily dismissed its case June 16. Counsel for the importer didn't respond to a request for comment (Chapter1 v. United States, CIT # 25-00097).
Two importers challenging tariffs imposed under the international Emergency Economic Powers Act, Learning Resources and Hand2Mind, petitioned the Supreme Court June 17 to hear their case in a bid to accelerate the resolution of the challenges to President Donald Trump's IEEPA tariffs. The companies, represented by Akin Gump, said the high court should hear the case now in "light of the tariffs’ massive impact on virtually every business and consumer across the Nation, and the unremitting whiplash caused by the unfettered tariffing power the President claims" (Learning Resources v. Donald J. Trump, Sup. Ct. # 24-1287).
Importer Monarch Metals told the Court of International Trade that its stainless steel wire imports are products of Japan and not China, meaning its goods were improperly subjected to Section 301 and Section 232 tariffs. In a complaint filed June 13, Monarch Metals said that under CBP's prior application of the substantial transformation test to steel wire, no substantial transformation occurs by drawing steel rod into steel wire (Monarch Metals v. United States, CIT # 24-00266).