The following lawsuit was recently filed at the Court of International Trade:
Court of International Trade activity
On April 8, an importer sought to withdraw its motion to compel the government to give it certain unredacted documents and the addresses of several former CBP employees “relevant” to its case (see 2310160061) (Lutron Electronics Co. v. U.S., CIT # 22-00264).
The following lawsuits were recently filed at the Court of International Trade:
An exporter of vehicle side bars said April 8 that Section 301 tariff exclusions shouldn't necessarily be considered princpal use provisions, but should instead be analyzed as either principal use, eo nomine or actual use provisions on a case-by-case basis because no published guidance singles out a specific method (Keystone Automotive Operations v. U.S., CIT # 21-00215).
The Court of International Trade on April 10 rejected the preferred tariff classification of notebooks with calendars from both CBP and importer Blue Sky the Color of Imagination, slotting the products under Harmonized Tariff Schedule subheading 4820.10.20.10 as "diaries." Judge Jane Restani explained that the court should prefer readings of the HTS that establish "conformity" across both the English and French translations of the Harmonized System.
The U.S. on April 9 requested that the Court of International Trade not allow plaintiffs to add a new party in a case contesting the final results of the Commerce Department's fourth administrative review of the antidumping duty order on certain cold-drawn mechanical tubing of carbon and alloy steel from Italy (ArcelorMittal Tubular Products v. U.S., CIT # 24-00039).
The Court of International Trade on April 10 remanded the Commerce Department's use of a 10.54% adverse facts available rate for alleged benefits exporter Yama Ribbons and Bows Co. received from China's Export Buyer's Credit Program. Judge Timothy Stanceu agreed with Yama that the agency failed to show that the subsidy program from which the rate was taken -- preferential lending rates to China's coated paper industry program -- is similar to the EBCP.
The Court of International Trade on April 11 remanded the Commerce Department's duty drawback calculation methodology for exporter Assan Aluminyum that led to a de minimis rate in an antidumping duty investigation on common alloy aluminum sheet from Turkey. Judge Gary Katzmann said Commerce incorrectly applied the drawback adjustment to all Assan's U.S. sales although only some contributed directly to the receipt of duty exemptions in Turkey during the investigation period. The judge also said Commerce failed to fully explain its decision by not addressing two claims from the AD petitioners, the Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group.
After a remand, the Commerce Department once again refused to exclude certain steel products from Section 232 steel and aluminum duties even though their importer can’t get the needed materials domestically, that importer said in March 8 comments. Instead, it claimed, the department continued to simply rely on the word of its competitor (California Steel Industries v. U.S., CIT # 21-00015).
The following lawsuits were recently filed at the Court of International Trade: