The following lawsuits were filed at the Court of International Trade during the week of Sept. 25 - Oct. 1:
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
The following lawsuits were filed at the Court of International Trade during the week of Sept. 18-24:
The Court of International Trade on Sept. 21 ruled in a customs classification case involving eight different categories of decorative plant parts, siding with importer Second Nature Designs on its preferred classification of two of the categories and with the government on one of the categories. Pertaining to three other categories, Judge Gary Katzmann said that there were fact questions remaining, leading the judge to deny summary judgment and advance litigation to its "second phase."
The following lawsuits were filed at the Court of International Trade during the week of Sept. 11-17:
Liquidation may not be final in cases where CBP is "acting at the behest of another agency," law firm Neville Peterson said in a Sept. 13 blog post commenting on the Court of International Trade's ruling in AM/NS Calvert v. U.S. In that decision, the trade court entries subject to Section 232 steel and aluminum duties may not be final, given that the case contests the applications of product-specific exclusions granted by the Commerce Department and not by CBP (see 2309070037).
The following lawsuits were filed at the Court of International Trade during the weeks of Aug. 28 - Sept. 3 and Sept. 4-10:
The Court of International Trade in a Sept. 6 opinion rejected a U.S. motion to dismiss cases from three importers challenging the Commerce Department's denial of their Section 233 steel tariff exclusion requests. The government said the cases should be tossed since they concern entries that already had been finally liquidated, but Judge M. Miller Baker held that it's possible for the court to order liquidation in Administrative Procedure Act cases brought under Section 1581(i), even if liquidation is final.
The U.S. Lumber Coalition, which represents sawmills and owners of timberlands, said U.S. courts are the better venue for resolving legal questions on trade remedies, so its members are glad that Canada is going to the Court of International Trade rather than asking for a dispute panel under USMCA.
Canada is choosing to call for a binational panel to determine whether the countervailing duty order on its softwood lumber exports is fair, but is challenging the antidumping order at the Court of International Trade.
The following lawsuits were filed at the Court of International Trade during the week of Aug. 21-27: