The following lawsuits were filed at the Court of International Trade during the week of July 24-30:
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.
CBP violated importer Royal Brush Manufacturing's due process rights by failing to provide it access to business confidential information (BCI) in an antidumping and countervailing duty evasion proceeding, the U.S. Court of Appeals for the Federal Circuit said in a highly anticipated opinion on July 27.
The following lawsuits were filed at the Court of International Trade during the week of July 10-16:
The following lawsuits were filed at the Court of International Trade during the weeks of June 26 - July 2 and July 3-9:
The following lawsuits were filed at the Court of International Trade during the week of June 19-25:
The Commerce Department has issued the final results of two antidumping duty administrative reviews on cold-drawn mechanical tubing of carbon and alloy steel from India (A-533-873) with respect to Goodluck India Limited. Commerce set an AD rate of 1.59% for subject merchandise from Goodluck entered between Nov. 22, 2017, and May 31, 2019, and an AD rate of 1.39% for subject merchandise from Goodluck entered between June 1, 2019, and May 31, 2020. The rates are unchanged from the preliminary results. The goods will be liquidated at importer-specific assessment rates. The new 1.39% AD cash deposit rate for Goodluck takes effect June 26, the scheduled date of publication for these final results in the Federal Register.
The following lawsuits were filed at the Court of International Trade during the weeks of May 29-June 4, June 5-11 and June 12-18:
The Court of International Trade on June 14 granted importer Maple Leaf Marketing's bid to redesignate the U.S.'s counterclaim as a defense in a customs spat on the classification of boronized steel tubing. Dismissing Maple Leaf's bid to dismiss as moot, Judge Claire Kelly cited the court's Cyber Power Systems (USA) v. U.S. decision to find that nowhere in Congress' scheme on the classification of goods does the legislative body explicitly let the U.S. "assert a counterclaim challenging CBP's classification."
The Court of International Trade on June 14 dismissed a suit from three conservation groups seeking to compel the Interior Department to decide whether Mexico is engaging in illegal trade and fishing of the totoaba fish, which threatens the endangered vaquita porpoise. The parties reached a settlement in April under which the agency found that Mexican nationals are violating the Convention on International Trade in Endangered Species of Wild Fauna and Flora (see 2306020054). Due to this finding, the U.S. could impose an embargo on any goods coming from Mexico.
The Commerce Department recently amended its antidumping duty order on truck and bus tires from China (A-570-040) to exempt merchandise produced and exported by Guizhou Tyre Import and Export Co., Ltd. from any antidumping duties on entries prior to Feb. 22, 2020, the agency said in a notice. Commerce said the orders, which were issued nearly two years after the investigations ended when the International Trade Commission reversed its finding that imports of truck and bus tires didn’t injure U.S. industry, should have taken effect only after the ITC affirmative injury determinations were sustained by the Court of International Trade on Feb. 18, 2020. Instead, Commerce had issued the orders in February 2019 after it was notified of the change but before CIT approved it. Commerce said it will refund all cash deposits collected on entries from Guizhou Tyre during the period Feb. 15, 2019, through Feb. 21, 2020.