The Court of International Trade on Feb. 27 ruled that Chinese exporter Ninestar Corp. wasn't required to exhaust its administrative remedies by appealing to the Forced Labor Enforcement Task Force before challenging its placement on the Uyghur Forced Labor Prevention Act Entity List "under the particular facts of this case." But Judge Gary Katzmann denied the exporter's motion for a preliminary injunction against its placement on the Entity List, finding that the company was unlikely to succeed on three of its four claims against its listing.
Vintage Stock opposes the plaintiffs' Feb. 12 motion to remand the dismissed count II of their first amended Telephone Consumer Protection Act complaint to the Missouri state court where it originated before the home entertainment retailer removed it in January 2023 (see 2402130004), said the retailer's memorandum in opposition Monday (docket 4:23-cv-00042) in U.S. District Court for Eastern Missouri in St. Louis. In dismissing count II without prejudice, the judge found that Sheila and Dennis Thompson lacked standing to bring the allegation that Vintage Stock failed to institute procedures for maintaining a list of persons who request not to be called. The Thompsons contend the judge improperly dismissed count II without prejudice, and that based on 8th U.S. Circuit Court of Appeals precedent, the judge should remand count II to state court. But Vintage Stock asks that the motion, which it interprets as “effectively a motion for reconsideration” of the judge’s order, be denied, said its memorandum. The claim “was properly dismissed for lack of standing,” the defendant said. Remand of a single claim where two others remain in federal court also “is futile and would needlessly increase the burden on the parties and courts,” it said. As a preliminary matter, the claim was dismissed without prejudice and the Thompsons may refile count II in state court if they choose, it said. But doing so would render the Thompsons’ remand motion “all the more unnecessary,” it said. Even if the Thompsons refiled count II in state court, “it would still be dismissed for lack of standing,” it said.
The Commerce Department soon will suspend liquidation and impose countervailing duty cash deposit requirements on imports of aluminum lithographic printing plates from China, it said in a fact sheet issued Feb. 27. Commerce set CVD rates ranging from 38.5% to 231.98% for all Chinese exporters, the agency said as it announced its preliminary determinations in its ongoing CVD investigations. Suspension of liquidation and cash deposit requirements will take effect for entries on or after the date of publication of the preliminary determinations in the Federal Register, which should occur in the coming days.
Keyvan Samini, president-chief financial officer of Mobix Labs, a U.S. Navy contractor, seeks a temporary restraining order and preliminary injunction for the second time this month to enjoin Apple from restoring external access to his iCloud email account that was hacked Jan. 30 by John Doe bad actors from Uzbekistan, said Samini’s ex parte application Monday (docket 8:24-cv-00249) in U.S. District Court for Central California in Santa Ana.
CBP is hoping to launch a truck electronic export manifest (EEM) portal later this year, the agency said ahead of the Commercial Customs Operations Advisory Committee’s March 6 meeting (see 2402150016 and 2402260034). CBP listed the effort as “currently under development” in a government issue paper for COAC’s Export Modernization Working Group released this week, which said a truck portal in the Automated Commercial Environment has a “tentative scheduled deployment of Fall 2024.”
The Federal Maritime Commission expects to issue its long-awaited final rule on unreasonable carrier conduct “in the next couple of months,” FMC chair Daniel Maffei said this week. He also said the commission has seen a sharp rise in enforcement cases so far this year, and he and Commissioner Rebecca Dye said they are more closely probing Red Sea-related surcharges being assessed by ocean carriers.
The Commerce Department issued the final results of the antidumping duty administrative review on steel nails from China (A-570-909). These final results will be used to set final assessments of AD duties on importers for subject merchandise entered Aug. 1, 2021, through July 31, 2022.
The Commerce Department is set to exempt more safes from its antidumping and countervailing duty orders on metal lockers from China (A-570-133/C-570-134), it said in a notice announcing the initiation and expedited preliminary results of a changed circumstances review.
The Commerce Department soon will suspend liquidation and set antidumping duty cash deposit requirements for imports of mattresses from Bosnia and Herzegovina, Bulgaria, Myanmar, India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain and Taiwan, it said in a fact sheet Feb. 26. The agency's preliminary determinations set AD rates at 217.38% for all Bosnian companies, 106.27% for all Bulgarian companies, 181.71% for all Myanmar companies, 257.06% for all Italian companies, 538.23% for all Filipino companies, 330.71% for all Polish companies, 744.81% for all Slovenian companies, and 624.5% for all Taiwanese companies, as well as rates ranging from 23.28% to 42.76% for Indian companies, 62.51% to 344.7% for Kosovan companies, 41.29% to 61.97% for Mexican companies and 10.74% to 280.28% for Spanish companies. AD suspension of liquidation and cash deposit requirements for these 12 countries will take effect for entries on or after the date of publication of the preliminary determinations in the Federal Register, which should occur in the coming days.
The Commerce Department published notices in the Federal Register Feb. 27 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):