Magnesia alumina carbon (MAC) brick exporter Fedmet Resources' move to oppose the U.S. stay motion in an Enforce and Protect Act case only delays resolution, DOJ argued in a June 3 reply brief at the Court of International Trade. Fedmet opposes the stay and seeks the filing of a voluntary remand in a window that the U.S. says is impossible since it needs a covered merchandise referral determination from the Commerce Department -- the matter at the heart of the contested stay motion (Fedmet Resources v. U.S., CIT #21-00248).

Imported carbon steel tubing lined with epoxy coating are insulated for tariff schedule purposes, and should be classified under heading 8547 as insulating fittings for electrical machines, appliances or equipment, importer Shamrock Building Materials said in a motion for summary judgment filed June 6 at the Court of International Trade (Shamrock Building Materials, Inc. v. United States, CIT # 20-00074).

Legalization at the state level allows importer Keirton USA to “manufacture, possess, or distribute” marijuana but doesn't constitute a specific authorization to go against the "uniform Federal ban" on drug paraphernalia imports, DOJ said in a June 6 brief at the Court of International Trade (Keirton USA v. U.S. Customs and Border Protection, CIT #21-00452).

The Court of International Trade in a June 6 opinion dismissed test taker Byungmin Chae's lawsuit contesting five questions on the customs broker license exam. Judge Timothy Reif said CBP was right to dismiss Chae's appeal of four of the questions but that the agency wrongly denied the test taker's appeal for the fifth question. The reversal of one question wasn't enough to for a passing grade for Chae, who was two questions shy of the 75% threshold needed to pass the test.

The Commerce Department erred by not hitting antidumping duty respondent Chandan Steel Limited with adverse facts available based on the company's inaccurate and incomplete reporting of information, the Coalition of American Flange Producers said in a June 3 complaint at the Court of International Trade. The coalition filed its case to challenge Commerce's final results in the administrative review of the AD order on stainless steel flanges from India. The AD petitioner also challenged Commerce's decision not to hit Kisaan Die Tech Private Limited with AFA based on its allegedly "inaccurate and incomplete reporting" (Coalition of American Flange Producers v. United States, CIT #22-00168).

Agricultural net wrap imported by RWW Klerks can only be used in harvesting machinery, and should be classified as a part of harvesting machinery of Harmonized Tariff Schedule heading 8433, rather than as liquidated by CBP in heading 6005 as a textile material, the importer said in a June 3 motion filed at the Court of International Trade (RKW Klerks Inc. v. United States, CIT # 20-00001).

An importer seeks a refund of antidumping and countervailing duties for defective plywood that it says should have been valued at less than it was at liquidation, it said in a June 3 motion for summary judgment filed at the Court of International Trade. Bral asked the court to issue an order that the subject merchandise be reappraised to a value equal to 18% of its original value, order the assessment of ad valorum duties on the reappraised value of the merchandise, and order the refund of all excess duties plus interest (Bral Corporation v. United States, CIT # 20-00154).

Antidumping duty petitioner Nucor Corp.'s standards for quantitative data over a level of trade (LOT) adjustment misrepresent the Commerce Department's requirements for quantitative data, AD respondent Productos Laminados de Monterrey (Prolamsa) argued in a reply brief at the Court of International Trade. Nothing on the record suggests that Prolamsa's evidence was "incapable of being verified," the brief said (Productos Laminados de Monterrey S.A. de C.V. v. U.S., CIT #20-00166).

When it comes to the question of whether a countervailing duty respondent's U.S. customers used China's Export Buyer's Credit Program, "'No' means 'no,'" respondent Yama Ribbons and Bows Co. said in a June 3 reply brief at the Court of International Trade. Yama said it fully answered whether this program was used by any of its customers and that should be enough for Commerce to verify non-use (Yama Ribbons and Bows Co., Ltd. v. United States, CIT #21-00402).

The Court of International Trade in a June 6 opinion dismissed customs broker license exam test taker Byungmin Chae's case contesting five questions on his broker exam. Judge Timothy Reif said that CBP was right to dismiss Chae's appeal for four of the contested questions but that the agency was wrong to dismiss the fifth appeal. However, the court's move to grant credit on this one question was not enough to get Chae over the 75% threshold needed to pass the test.