The following lawsuit was recently filed at the Court of International Trade:
In defense of its own motion for judgment (see 2405020062) and opposing the government’s counterclaim, an importer again argued that the U.S. can’t counterclaim to reclassify an entry to increase the amount of duty owed on it higher than the rate initially assessed by CBP. Such a counterclaim lacks a cause of action, it said (BASF Corp. v. U.S., CIT Consol. # 13-00318).
Importer Seneca Foods Corp. filed a notice of supplemental authority at the Court of International Trade on Aug. 21, claiming that a recent Section 232 exclusion request denial from the Commerce Department is relevant to the resolution of its case (Seneca Foods Corp. v. U.S., CIT # 22-00243).
Importer Pitts Enterprises, doing business as Dorsey Intermodal, told the Court of International Trade that the Commerce Department illicitly turned the antidumping and countervailing duty orders on Chinese chassis and subassemblies thereof into orders covering parts of chassis. Filing a motion for judgment on Aug. 21, Dorsey said the entry of Chinese components in "separate, independent shipments" are "straightforwardly" not covered "unassembled subassemblies" (Pitts Enterprises v. United States, CIT # 24-00030).
In response to two motions for judgment (see 2402020054 and 2404020054) in a case involving an anti-circumvention inquiry on Vietnamese plywood, a petitioner argued the proceeding wasn’t flawed and that untimely new information provided was properly rejected (Shelter Forest International Acquisition v. U.S., CIT Consol. # 23-00144).
The following lawsuit was recently filed at the Court of International Trade:
The U.S. brought a complaint against a tire distribution company Aug. 20, seeking payment of a $55,882.98 penalty for the importer’s initial failure, in 2019 and 2020, to pay cash deposits for two tire entries (United States v. Franco Tire Distribution Inc., CIT # 24-00161).
After a four-times-remanded case from 2017 reached a conclusion in the Court of International Trade and went to appeal at the U.S. Court of Appeals for the Federal Circuit, the U.S. and a petitioner filed opening briefs Aug. 16 defending the trade court's final decision (AG Der Dillinger Huttenwerke v. U.S., Fed. Cir. # 24-1498).
No lawsuits were recently filed at the Court of International Trade.
Exporter Jiangsu Senmao Bamboo and Wood Industry Co. asked the Court of International Trade to compel the Commerce Department not to make adjustments to the plywood surrogate value in the 2019-20 administrative review of the antidumping duty order on multilayered wood flooring from China. The exporter said in an Aug. 20 brief that, after two remands, the court "has been patient with Commerce," but the agency "has now demonstrated that it has no reasonable explanation for its methodology yet sticks to its unsupported position" (Jiangsu Senmao Bamboo and Wood Industry Co. v. United States, CIT Consol. # 22-00190).