A hardwood plywood importer sought dismissal of its case in the Court of International Trade after winning a similar one April 8 (Liberty Woods International Inc. v. U.S., CIT # 20-00143).
Court of International Trade activity
The U.S. told the Court of International Trade on May 22 that a corrected notice of denial of a customs broker license has been sent to a Georgia woman. The woman is suing the government to contest six questions on the licensing exam after scoring 73.75% on it, just short of the 75% or above she needed to pass (see 2402160040) (Skeeter-Jo Stoute-Francois v. U.S., CIT # 24-00046).
In reply briefs May 17, a rail coupler importer refused to back down on its argument before the Court of International Trade that the Commerce Department can’t begin new investigations fewer than two years before completion of a previous one due to statutory language governing changed circumstances reviews (Wabtec Corporation v. U.S., CIT #s 23-00160, -00161).
The Chevron doctrine will almost certainly be overturned soon by the Supreme Court, leaving the path forward for judicial deference unclear, panelists said at Georgetown University Law Center’s 45th Annual International Trade Update.
CBP continued to find on remand that importer Skyview Cabinet USA evaded the antidumping and countervailing duty orders on wooden cabinets and vanities from China. After having the case returned to the agency following the U.S. Court of Appeals for the Federal Circuit's decision in Royal Brush Manufacturing v. U.S., CBP allowed Skyview to submit rebuttal factual information to confidential information it didn't originally have access to, though it ultimately came to the same conclusion (Skyview Cabinet USA v. United States, CIT # 22-00080).
The U.S. moved to dismiss a customs penalty suit it brought against importers Cruzin Cooler and Bad Lama and their owner Kevin Beal after it already obtained default judgment from the Court of International Trade against the companies for knowingly misclassifying their entries to lower their duty liability (United States v. Cruzin Cooler, CIT # 15-00333).
The government said in a May 20 status update that, for a case regarding an exporter’s adverse facts available rate after COVID-19 prevented in-person verification, the Commerce Department's remand redetermination will be out by Aug. 20 (PT. Asia Pacific Fibers v. U.S., CIT #22-00007).
The Court of International Trade on May 20 entered stipulated judgment in a pair of customs suits brought by Home Depot U.S.A., lowering the duty rate on the retail giant's imported residential door knobs packaged with at least one deadbolt, from 5.7% to 3.9% (Home Depot U.S.A. v. United States, CIT Consol. # 14-00122, -00123).
The following lawsuit was recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit said on May 20 that the Court of International Trade was wrong to impose a 50% threshold in determining whether demand for a processed agricultural product is "substantially dependent" on its raw upstream iteration for purposes of assigning countervailing duties.