The following lawsuit was recently filed at the Court of International Trade:
Court of International Trade activity
A company that imports air fryers brought a complaint to the Court of International Trade on June 5, arguing that its fryer are not “cooking stoves, ranges or ovens” but rather fall under the relevant “other” category (Sensio Inc. v. U.S., CIT # 23-00152).
Importer MTD Products filed a complaint at the Court of International Trade June 5 claiming its spark-ignition reciprocating or rotary internal combustion piston engines from China were improperly denied Section 301 exclusions by CBP (MTD Products v. U.S., CIT # 22-00174).
Three motions for judgment were filed at the Court of International Trade June 5 challenging the Commerce Department's 2020-21 review of the countervailing duty order on phosphate fertilizers from Russia (Archer Daniels Midland Company v. U.S., CIT # 23-00239).
Exporter Nanjing Dongsheng Shelf Manufacturing Co. told the Court of International Trade in a June 6 complaint that the Commerce Department abused its discretion when it rejected the company's separate rate certification as untimely in the 2021-22 review of the antidumping duty order on steel racks from China (Nanjing Dongsheng Shelf Manufacturing Co. v. U.S., CIT # 24-00085).
Seko Logistics will still pursue its lawsuit challenging CBP's suspension of the company from Type 86 filing and the Customs-Trade Partnership Against Terrorism, despite CBP's conditional reinstatement of the customs broker, according to a June 4 statement from the company. The Chicago-area customs broker and freight forwarder says CBP still hasn’t fully provided its reasons for Seko’s initial suspension.
On remand, the International Trade Commission failed to comply with the court's order and cherry-picked evidence to maintain its previous ruling that fertilizer imports had injured local producers, a Moroccan phosphate fertilizer exporter said May 30 to the Court of International Trade (OCP v. U.S., CIT Consol. # 21-00219).
The Court of International Trade on June 5 amended a decision it issued last week rejecting the Commerce Department's use of adverse facts available against an exporter doing business as Supermel in the antidumping duty investigation on raw honey from Brazil (see 2405310043) (Apiario Diamante Comercial Exportadora Ltda. v. United States, CIT # 22-00185).
The Court of International Trade on May 30 denied the government's out of time motion to extend its time to respond to importer Atlas Power's requests for admissions for all discovery in a customs suit. Judge Stephen Vaden said it denied the motion since relief is available under CIT Rule 36, which "includes a mechanism for a party to request that an admission be withdrawn or amended" (Atlas Power v. U.S., CIT # 23-00084).
The Court of International Trade on June 5 sustained some and remanded some of the Commerce Department's surrogate value picks in the 16th review of the antidumping duty order on Vietnamese catfish, covering entries in 2018 to 2019.