A domestic glycine producer said Sept. 3 that it hadn’t needed to exhaust its administrative remedies prior to coming to court because it had never had the chance to seek a remedy in the first place (Deer Park Glycine, LLC v. U.S., CIT # 23-00238).

The Court of International Trade on Sept. 4 dismissed a case from importer InterGlobal Forest challenging CBP's premature liquidation of hardwood plywood entries subject to an Enforce and Protect Act investigation after the company failed to state a reason to continue the case. In a previous order, Judge Mark Barnett noted that after litigation led to a negative evasion finding, CBP reliquidated InterGlobal's entries and canceled the bills for the payment of duties (InterGlobal Forest v. United States, CIT # 20-00155).

The Court of International Trade on Sept. 3 dismissed a customs case from importer Dover Street Market NY for lack of prosecution. The court said that because the case wasn't removed from the customs case management calendar at the "expiration of the applicable period of time of removal," the case is dismissed for failure to prosecute. The importer brought the suit in August 2021 to challenge CBP's denial of its duty drawback claims (Dover Street Market NY LLC v. U.S., CIT # 21-00420).

The International Trade Commission and an exporter of aluminum extruders Aug. 29 each opposed a petitioner’s motion for judgment that claimed the ITC had altered usually reliable data to reach a negligibility finding regarding extrusions from the Dominican Republic. The alteration was both established by law and necessary, they said (U.S. Aluminum Extruders Coalition v. United States, CIT # 23-00270).

An importer of stainless steel sinks from China filed its motion for judgment in a case it brought in 2020 challenging CBP’s assessment of antidumping and countervailing duties on the entire declared value of its products despite “express instructions” to do otherwise (R.H. Peterson v. U.S., CIT # 20-00099).

Southwest Airlines argued at the Court of International Trade that the U.S. violated the rules of statutory interpretation when it claimed that the airline isn't entitled to keep Customs Passenger Processing Fees paid by its customers on canceled tickets. Southwest said it "harmonizes" all the sections of the governing statute, 19 U.S.C. Section 58c, while the U.S. reads the law's collection provision in a way that isolates it from the rest of the statute (Southwest Airlines v. U.S, CIT # 22-00141).

The following lawsuits were recently filed at the Court of International Trade:

The Court of International Trade ordered that a status conference be held in a case seeking an import ban on fish from New Zealand's West Coast North Island inshore trawl and set net fisheries under the Marine Mammal Protection Act after the plaintiffs filed a stipulation of dismissal (Sea Shepherd New Zealand v. U.S., CIT # 20-00112).

The U.S. again argued that Byungmin Chae's case at the Court of International Trade challenging one question on his customs broker license exam should be dismissed under the doctrine of res judicata, which calls for the dismissal of cases already settled by the court. The Nebraska resident filed suit after his previous case, which he took all the way to the U.S. Supreme Court, saw him fall just one question shy of a passing grade on the April 2018 exam (see 2401230031) (Byungmin Chae v. U.S., CIT # 24-00086).

A Chinese exporter of multilayered wood flooring argued Aug. 29 that its 16 input suppliers weren’t under government control. The government policies in question didn’t contradict a Chinese government claim that party officials didn’t hold any ownership positions in a number of input suppliers, it said (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 23-00136).