Excavators are not backhoes or similar construction equipment and counterweights designed specifically for excavators are not subject to Section 301 steel tariffs, Norca argued in a Nov. 3 motion for summary judgment at the Court of International Trade (Norca Engineered Products v. United States, CIT #21-00305).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade dismissed three customs cases in a series of orders on Nov. 1 and 2. One case, filed by Incase Design Group, concerned the classification of sports armband cell phone holders, with the plaintiff vying for classification under Harmonized Tariff Schedule subheading 4202.99.90. No explanation was given for the dismissal. The second action, brought by Conrad Sales Group, concerned the classification of frozen tilapia filets, and was dismissed due to a lack of prosecution. The third case, brought by Tali Corp., concerned the classification of glassware and also was dropped due to a lack of prosecution.
The Korean Emissions Trading System (KETS) conferred a countervailable benefit to countervailing duty respondent Hyundai Steel Co., the U.S. argued in a Nov. 1 reply brief at the Court of International Trade. The South Korean government foregoes revenue when it allocated certain business sectors, and by extension, Hyundai, an additional 3% of Korean Allowance Units (KAUs) to offset carbon emissions, the brief said (Hyundai Steel Co. v. United States, CIT #22-00029).
The U.S. Court of Appeals for the Federal Circuit in a Nov. 2 order deactivated U.S. Steel Corp.'s recently filed appeal over the 2016-17 administrative review of the antidumping duty order on oil country tubular goods from South Korea. U.S. Steel filed the appeal amid a spat over a motion from plaintiff SeAH Steel Corp. to reconsider the court's opinion. Per Federal Rule of Appellate Procedure 4(a)(4), the time to file an appeal runs from the order disposing of the last remaining motion seeking to alter or amend the judgment (SeAH Steel Corp. v. United States, Fed. Cir. #23-1109).
The following lawsuits were recently filed at the Court of International Trade:
Countervailing duty respondent Hyundai Steel Co.'s port rights at the North Incheon Harbor do not let it use the port free of charge, making the Commerce Department's decision to countervail the port rights illegal, the respondent argued in an Oct. 27 reply brief at the Court of International Trade. The U.S. and CVD petitioner Nucor Corp. "misrepresent" the nature of Hyundai's port rights since it is not allowed to use the port free of charge and merely gets certain fees to help recoup its costs from building the port, the brief said (Hyundai Steel Co. v. United States, CIT #21-00304).
The U.S.'s case looking to collect on a bond due 14 years ago is prohibited under the doctrine of impairment of suretyship, surety Aegis Security Insurance Company argued in a reply brief at the Court of International Trade. Since CBP "unreasonably delayed" in looking to collect on a bond that liquidated in 2006, interest liability was created "that was entirely unnecessary, and impaired Defendant's rights against third parties." CBP's action barred any possible recourse against the main obligor and its reinsurer, so by the time Aegis was billed, "the importer was nowhere to be found," necessitating a finding of impairment of suretyship, the brief said (United States v. Aegis Security Insurance Co., CIT #20-03628).
The U.S. Court of Appeals for the Federal Circuit in an Oct. 28 order consolidated two appeals of a lower court opinion dismissing importer Dr. Bronner's complaint for lack of subject-matter jurisdiction over xanthan gum imports, dismissing GLoB Energy Corp.'s complaint for lack of subject-matter jurisdiction and denying the remaining motions for judgment on the agency record. One case was appealed from the Court of International Trade by Ascencion Chemicals, UMD Solutions and Crude Chem Technology, while the other was brought by GLoB (All God One Faith, dba Dr. Bronner's Magic Soaps v. United States, Fed. Cir. #23-1078).
CBP misclassified Home Depot U.S.A.'s imports of residential door knobs packaged with at least one deadbolt, Home Depot argued in two Oct. 31 complaints at the Court of International Trade. The retail giant originally launched the cases in 2014, just now bringing the complaints to the court to vie for a change in classification for the door knobs under the Harmonized Tariff Schedule, which would see the duty rates for the imports drop from 5.7% to 3.9% (Home Depot U.S.A. v. United States, CIT #14-00122, #14-00123).