Boronized steel tubes, originally classified by CBP as duty-free U.S. goods returned after repairs, are correctly classified as unfinished steel tubes and subject to Section 301 tariffs, DOJ argued in its March 31 motion at the Court of International Trade. The government asked the court to deny a motion by importer Maple Leaf Marketing to dismiss the government's counterclaim (Maple Leaf Marketing v. United State, CIT # 20-03839).
Counterweights for mini-excavators are not parts for "backhoes" and should be excluded from Section 301 tariffs, manufacturer Norca argued in a March 29 motion at the Court of International Trade. Norca accused the government of obscuring and overcomplicating the distinction between the two equipment types (Norca Engineered Products v. U.S., CIT # 21-00305).
Liquidation of imported picture frame moldings should have been suspended pending antidumping and countervailing duty administrative reviews, importer Larson-Juhl told the Court of International Trade in a March 30 complaint. The complaint contests CBP's denial of Larson-Juhl's protests concerning the liquidation and assessment of duties on nine entries subject to AD and CVD orders on wood mouldings and millwork products from China (Larson-Juhl US v. United States., CIT # 23-00032).
Court of International Trade can't issue a decision in a denied protest challenge based on a finding that can't determine the proper origin, Cyber Power Systems argued in a March 30 motion for reconsideration to CIT. Cyber Power asked the court for a partial retrial or rehearing of its Feb 27 ruling, in which CIT found that Cyber Power didn’t prove a substantial transformation occurred for four models of its uninterruptable power supplies and one model of its surge voltage protector (see 2302270064) (Cyber Power Systems v. U.S., CIT # 20-00124).
The following lawsuit was recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit issued its mandate on March 30 in a case wherein it ruled a protest of a CBP decision must be filed within 180 days of liquidation, rather than the date the Commerce Department issues antidumping and countervailing duty instructions to CBP or the date CBP denies an importer's refund request. In the decision, the appellate court upheld the Court of International Trade opinion dismissing the case on the grounds that Acquisition 362, doing business as Strategic Import Supply, failed to file a protest in time (see 2302060029) (Acquisition 362 v. United States, Fed. Cir. # 22-1161).
A lawsuit over an expired comparability finding for New Zealand's West Coast North Island multispecies set-net and trawl fisheries should be dismissed since the comparability findings “are not capable of repetition yet evading review,” the U.S. said March 29. There is no “reasonable expectation” that anyone will be subjected to the same findings, the government said. The challenge should be dismissed because the proceeding deals with whether certain fish can enter the U.S. during a discreet time period that has now passed, the U.S. said (Sea Shepherd New Zealand v. U.S., CIT # 20-00112).
The consent of a foreign manufacturer does not overcome the Privacy Act of 1974's ban on disclosure of the confidential Enforce and Protect Act record, the U.S. said in response to importer Richmond International Forest Products' motion to compel. Richmond's motion does not qualify for disclosure since the company is requesting the entire confidential EAPA record, which has data submitted by parties other than the consenting foreign manufacturer, LB Wood, the government said (Richmond International Forest Products Inc. v. U.S., CIT # 21-00318).
Oil country tubular goods exporter Husteel Co. told the U.S. Court of Appeals for the Federal Circuit that it does not intend to participate in an appeal over the Commerce Department's use of the Cohen's d test as part of its differential pricing analysis to root out "masked" dumping. Husteel made the declaration in response to the court's notice to the company regarding its counsel's entry of appearance and certificate of interest. The appeal was recently reactivated following a Court of International Trade decision upholding the agency's use of the d test (see 2303070042) (SeAH Steel v. U.S., Fed. Cir. # 23-1109).
The U.S. Court of Appeals for the 9th Circuit temporarily suspended a False Claims Act case over whether Sigma Corp. and other companies failed to pay antidumping duties on pipe fitting imports. The court ordered the case "held in abeyance" because of pending cases before the U.S. Court of Appeals for the Federal Circuit and the U.S. Supreme Court.