The Court of International Trade assigned on Nov. 4 another International Emergency Economic Powers Act tariffs case to a three-judge panel consisting of Judges Gary Katzmann, Timothy Reif and Jane Restani (PGN International Group v. Donald J. Trump, CIT # 25-00240).

The Court of International Trade dismissed Nov. 4 a case brought by Danfoss LLC, for lack of prosecution. Danfoss, a Danish exporter of refrigeration and air conditioning units, initially brought its case in 2023 (Danfoss LLC v. United States, CIT # 23-00214).

The U.S. filed a statement of material facts not in dispute Nov. 4 in a case regarding the classification of a substance used to accelerate chemical reactions involved in making plastic. It emphasized that the substance, Axion CA 1330, “is not a catalyst,” rather serving as “a component of a supported catalyst system” (Lanxess Corporation v. United States, CIT # 23-00073).

The Court of International Trade on Nov. 4 granted importer Camel Energy's motion to expedite its case against CBP's detention of two of its battery entries. Judge Claire Kelly, who was assigned to the case on Oct. 29, granted the motion to expedite and said that Camel Energy "may file a proposed briefing schedule" along with a "brief statement of reasons as to why this expedited timeframe is necessary" by Nov. 5 at 4 p.m. ET (Camel Energy v. United States, CIT # 25-00230).

Importer Topcon Positioning Systems on Nov. 3 told the Court of International Trade that its "laser levels" are "surveying instruments," properly classified under duty-free Harmonized Tariff Schedule subheading 9015.30.4000, which provides for "levels" used for "surveying." In a motion for summary judgment, Topcon also argued that its accessories are, "in turn," classified under duty-free subheading 9015.90.0030, which covers accessories of surveying instruments (Topcon Positioning Systems v. United States, CIT # 14-00189).

The U.S. Court of Appeals for the Federal Circuit held oral argument on Nov. 4 in a pair of cases on the International Trade Commission's treatment of business proprietary information in injury proceedings. Judges Timothy Dyk, Richard Taranto and Raymond Chen pressed Courtney McNamara, counsel for the ITC, on the commission's policy of treating questionnaire submissions as confidential; on the Court of International Trade's separate authority to publicize information deemed confidential by the ITC; and on whether notice should be provided to the commission prior to the trade court's exercise of that authority (In Re United States, Fed. Cir. #s 24-1566, 25-127).

The Court of International Trade will be closed on Nov. 28 and Dec. 26 in addition to the federal holidays of Thanksgiving and Christmas, the court announced. Both days, Nov. 28 (the Friday after Thanksgiving) and Dec. 26 (the Friday after Christmas), will be considered a "legal holiday" by the court for purposes of the "computation of time and motions to enlarge time," the court said.

No lawsuits have been filed recently at the Court of International Trade.

The U.S. filed a notice of supplemental authority at the Court of International Trade in a case on an antidumping and countervailing duty injury proceeding in light of the U.S. Court of Appeals for the Federal Circuit's decision in Sweet Harvest Foods v. U.S. (NURA USA v. United States, CIT Consol. # 24-00182).

Importer Lanxess argued again Oct. 31 that its polymerization accelerator -- a substance used to accelerate the chemical process of plastic manufacturing -- is properly classified as a “supported catalyst,” not as a chemical preparation (Lanxess Corporation v. United States, CIT # 23-00073).