The Court of International Trade doesn't have jurisdiction over cases in which CBP seized goods, Judge Gary Katzmann ruled in an Oct. 7 order. Instead, jurisdiction in these instances lies exclusively with federal district courts, the judge said. Since the seizure of an import does not deem a product excluded, and thus precludes any protestable event, jurisdiction at CIT is barred for seized goods, the court found.
Court of International Trade activity
Nippon Steel Corporation (NSC) challenges certain elements of the Commerce Department's third administrative review of the antidumping duty order on certain hot-rolled steel flat products from Japan covering entries in 2018-19, in an Oct. 6 complaint at the Court of International Trade.
Lyke Industrial Tool's cupwheels are not within the scope of the antidumping duty order on diamond sawblades from China, the Court of International Trade held in an Oct. 7 order. After conducting an analysis of the "(k)(2)" factors following an initial remand from CIT, which included comparing the physical characteristics, end uses, consumer expectations and methods of advertising for cupwheels and diamond sawblades, the Commerce Department held that the cupwheels could not be held in the scope of the AD order.
The following lawsuits were recently filed at the Court of International Trade:
Only district courts, not the Court of International Trade, have the jurisdiction to hear cases over property seized by CBP, CIT said in an Oct. 7 order. Dismissing a case brought by Root Sciences over its seized "drug paraphernalia," Judge Gary Katzmann said that since the seized goods were never deemed excluded, there was no protestable action by CBP, precluding jurisdiction at CIT. Katzmann also held that questions about CBP's lack of notice to Root about the seizure should be decided by district courts and not CIT.
A host of mattress companies in two Court of International Trade cases cited an Oct. 4 order from Judge Timothy Stanceu in their bid for an open-ended preliminary injunction against the antidumping duty order on mattresses from Vietnam. The order said that the open-ended injunction was warranted since the plaintiff in that case showed a likelihood of irreparable harm if the injunction was not issued in that way (see 2108230059). The U.S. had opposed the open-ended injunction, instead pushing for the injunction to merely run until the end of the first administrative review. The U.S. echoed this opposition in the two cases over the AD mattress order, arguing that if needed the injunction could be extended beyond the end of the first administrative review.
There isn't a need to grant an extension of time for the U.S. to respond to the American Apparel and Footwear Association's motion to file an amicus brief in a customs case since the Department of Justice hasn't given a reason why there should be an extension, the association said in an Oct. 6 reply brief at the Court of International Trade. Also, AAFA argued, there's no reason the brief should not be accepted, and the defendant hasn't offered any reason it would be.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade allowed a company accused of transshipping aluminum extrusions from China in an Enforce and Protect Act investigation to participate in a case over the evasion finding, in an Oct. 7 order. Having previously ruled that the alleged transshipper, Kingtom Aluminio, could not intervene in the case for lack of a legally protectable interest in the case, Judge Richard Eaton ruled that Kingtom's contractual arrangements provide an interest in the transaction at issue that has a direct relationship to the litigation and the existing parties don't adequately represent Kingtom's interests.
In a complaint at the Court of International Trade, importer Kehoe Component Sales said its heating blanket controllers should be classified under subheading 9032.89.60, dutiable at 1.7%. CBP liquidated the entries under subheading 8537.10.9070, dutiable at 2.7%.