Importer Greentech Energy Solutions is challenging CBP's decision to assess antidumping and countervailing duties on its 2019 imports of solar modules from Vietnam, despite no finding of dumping, subsidization or injury for Vietnam, nor even the existence of an an anti-circumvention inquiry at that time, Greentech said in a June 9 complaint at the Court of International Trade (Greentech Energy Solutions v. United States, CIT # 23-00118).
The following lawsuit was recently filed at the Court of International Trade:
The U.S. has yet to appear in a case at the U.S. Court of Appeals for the Federal Circuit on the 2019-20 antidumping duty administrative review on aluminum wire and cable from China brought by importer Repwire and exporter Jin Tiong Electrical Materials Manufacturer. The appeal concerns a Court of International Trade decision upholding the Commerce Department's withdrawal of a separate-rate questionnaire it erroneously issued to Jin Tiong (see 2303200039). In a text-only notice to the U.S., the Federal Circuit said that the government has failed to file an entry of appearance, which could lead to dismissal "or other action as deemed appropriate by the court" (Repwire v. U.S., Fed. Cir. # 23-1933).
Trailer wheels manufactured by Asia Wheel in Thailand were incorrectly ruled to be within the scope of antidumping and countervailing duty orders on certain steel wheels from China, U.S. importers Trailstar and TexTrail said in a pair of June 9 complaints at the Court of International Trade. Both complaints asked the court to find Commerce's final scope ruling illegal and to remand the ruling to the department (Trailstar v. U.S., CIT # 23-00097, and Textrail v. U.S., CIT # 23-00099).
The Commerce Department's new practice related to questionnaire response extensions supports exporter Tau-Ken Temir's claims against the agency's use of adverse facts available due to missed filing deadlines, TKT told the U.S. Court of Appeals for the Federal Circuit in a notice of supplemental authority (Tau-Ken Temir v. United States, Fed. Cir. # 22-2204).
The Court of International Trade June 9 upheld the Commerce Department's remand results in a suit on the administrative review of the antidumping duty order covering multilayered wood flooring from China. Judge Richard Eaton sustained the AD review after exporter Jilin Forest Industry Jinqiao Flooring Group Co. signed off on Commerce's redetermination dropping the company's dumping rate to zero. On remand, the agency dropped the presumption the Chinese government controlled Jilin Forest after Eaton questioned whether Commerce could disregard a mandatory respondent's own data in favor of the countrywide nonmarket economy rate (see 2305040061). Jilin Forest counsel Lizbeth Levinson of Fox Rothschild previously told Trade Law Daily an appeal is unlikely, given that it opens up further scrutiny of the agency's NME policy in AD reviews (Jilin Forest Industry Jinqiao Flooring v. U.S., CIT # 18-00191).
The U.S. Court of Appeals for the Federal Circuit denied customs broker license exam test taker Byungmin Chae's combined petition for panel rehearing and rehearing en banc of the appellate court's opinion landing him just one question short of passing the exam taken in April 2018. The court said Chae's petition was referred to the panel that heard the case, comprising Judges Pauline Newman, Sharon Prost and Kimberly Hughes, and was then circulated to all the judges in regular active service. A month prior, the court rejected duplicates of Chae's petition seemingly filed in error.
The U.S. demanded a jury in a customs penalty suit filed against Florida businessman Zhe "John" Liu and one of his companies, AB MA Distribution, in a June 8 notice at the Court of International Trade. The government asked for the jury "on all issues of fact, including the quantum of penalties owed." The U.S. filed the suit to collect over $10 million in unpaid duties and penalties from Liu and AB MA, alleging that the parties transshipped steel wire hangers via India and Thailand to avoid paying antidumping and other duties on steel wire hangers from China (see 2306080027) (U.S. v. Zhe "John" Liu and AB MA Distribution Corporation, CIT # 23-00116).
The Court of International Trade will issue an opinion in a case brought by three conservation groups seeking to compel the Interior Department to decide whether Mexico is engaging in illegal trade and fishing of endangered wildlife, Judge Gary Katzmann said at a June 7 status conference. The judge will author an opinion despite the fact that the conservation groups moved to dismiss the suit after a settlement was reached where Interior determined Mexican nationals are violating the Convention on International Trade in Endangered Species of Wild Fauna and Flora (see 2306020054). Government lawyer Agatha Koprowski even added during the conference that there is "no further need for this court to take any action" given that the conservation groups' claim had been addressed. Interior's finding could lead to an embargo on any goods coming from Mexico (Center for Biological Diversity, et al. v. United States, CIT # 22-00339).
The following lawsuits were recently filed at the Court of International Trade: