The Court of International Trade on Sept. 3 granted Seko Customs Brokerage's bid to voluntarily dismiss its case against CBP's temporary suspension of the brokerage from the Entry Type 86 pilot and Customs-Trade Partnership Against Terrorism programs at the Court of International Trade. Counsel for Seko didn't immediately respond to a request for comment (Seko Customs Brokerage v. United States, CIT # 24-00097).
The International Trade Commission published notices in the Aug. 30 Federal Register on the following AD/CVD injury, Section 337 patent or other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
California man Mohamad Yassin Alcharihi was sentenced on Aug. 29 to three months in prison for illegally importing an "ancient floor mosaic from Syria depicting the Roman demigod Hercules," the U.S. Attorney's Office for the Central District of California announced. Alcharihi was found guilty in June 2023 after a five-day trial of one count of entry of falsely classified imports.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 30 on AD/CVD proceedings:
China won't impose provisional antidumping duties on imports of EU brandy even after determining European companies are dumping brandy in the Chinese market, the country’s commerce ministry announced Aug. 29, according to an unofficial translation. The ministry, which launched the AD probe in January, said its domestic brandy industry “was threatened with substantial damage” and that it found “there was a causal relationship between the dumping and the threat of substantial damage.” It added: “No temporary anti-dumping measures will be taken in this case.” The ministry is accepting public comments on its decision for 10 days.
A defendant-intervenor Korean exporter of superabsorbent polymers opposed the Commerce Department’s determination (see 2406170034), on remand, that would raise its antidumping margin from 17.64% to 26.05% (The Ad Hoc Coalition of American SAP Producers v. United States, CIT # 23-00010).
A state court allowed an Iowa lawsuit against TikTok that claims the social media company duped parents about children’s access to inappropriate content. The Iowa District Court for Polk County in Des Moines denied TikTok’s motion to dismiss the state’s Jan. 17 petition in a ruling this week. While the court also denied Iowa’s motion for preliminary injunction, Iowa Attorney General Brenna Bird (R) said in a Wednesday statement that the decision is “a big victory in our ongoing battle to defend Iowa’s children and parents against the Chinese Communist Party running TikTok. Parents deserve to know the truth about the severity and frequency of dangerous videos TikTok recommends to kids on the app.” Bird claimed TikTok violated the Iowa Consumer Fraud Act through misrepresentations, deceptions, false promises and unfair practices, which allowed it to get a 12+ rating on the Apple App Store despite containing content inappropriate for kids aged 13-17. “Considering the petition as a whole, the State has submitted a cognizable claim under the CFA,” wrote Judge Jeffrey Farrell. TikTok doesn’t get immunity from Section 230 of the Communications Decency Act because the state’s petition “addresses only the age ratings, not the content created by third parties,” the judge added. However, Farrell declined to preliminarily enjoin TikTok since the state hasn’t “produced any evidence to show an Iowan has been viewed and harmed” by videos with offensive language or topics. The judge said, “The State presented no evidence of any form to show irreparable harm.” TikTok didn’t comment Wednesday.
Georgia voters urged a federal court to reject the state’s motion to dismiss a lawsuit related to Georgia Public Service Commission elections. Plaintiffs, including Georgia Conservation Voters Executive Director Brionte McCorkle, are asking the U.S. District Court for Northern Georgia to overturn a 2024 state law that tried to restore staggered commissioner terms after previous litigation led to the delay of 2022 and 2024 PSC elections (see 2408130037). The plaintiffs said the law violates the Georgia and U.S. constitutions. But Georgia argued that the complaint is flawed because the plaintiffs lack standing and fail to state a federal claim. The plaintiffs responded Monday that McCorkle has standing because “she alleges the denial of her right to vote in a specific election delayed by an unconstitutional statute.” In addition, “McCorkle states a federal claim for a violation of the [U.S. Constitution's] Due Process Clause by alleging that [Georgia Secretary of State Brad Raffensperger (R)] has delayed or denied an election in which she is entitled to vote under state law.” In another Monday filing supporting a motion for preliminary injunction against Georgia, plaintiffs said the “main thrust” of Raffensperger’s opposition is that the 2024 law is “good policy,” but “good policy doesn’t authorize the Secretary to violate the Georgia Constitution.” The plaintiffs added, “Delaying elections for three seats on the PSC from 2024 until 2025 and 2026 … denies Georgia voters their right under Georgia law to vote for those seats in 2024.” That violates due process, they said (case 1:24-cv-03137-WMR).
The Commerce Department published notices in the Federal Register Aug. 28 on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms or effective dates will be detailed in another ITT article):
The Commerce Department issued the final results of the antidumping duty administrative review on carbon and alloy steel cut-to-length plate from France (A-427-828). Commerce set an AD rate of zero percent for Dillinger France S.A., unchanged from the preliminary results. As a result, importers of subject merchandise from Dillinger France entered May 1, 2022, through April 30, 2023, won't be assessed AD, and future entries from Dillinger France wouldn't be subject to AD cash deposits until further notice. The new zero AD rate for Dillinger France takes effect Aug. 28.