Importer Root Sciences will appeal an October 2021 Court of International Trade opinion that said that the court did not have jurisdiction over CBP's seizure of Root's goods. According to the May 13 notice of appeal, Root will take its case to the U.S. Court of Appeals for the Federal Circuit. In the opinion, the trade court ruled that since the seizure of an import does not deem a product excluded, thus precluding any protestable event, jurisdiction is barred at CIT for seized goods (see 2110070022). Root filed the case after CBP seized one of its cannabis crude extract recovery machines as "drug paraphernalia" (Root Sciences v. United States, CIT #21-00123).
The Commerce Department violated the law in finding that Nur Gemicilik is a cross-owned input supplier of Turkish exporter and mandatory countervailing duty review respondent Kaptan Demir Celik Endustrisi ve Ticaret, Kaptan argued in a May 12 complaint at the Court of International Trade. While Nur provided Kaptan with scrap generated from its shipbuilding enterprise, the amount was "extremely miniscule," precluding Nur from being a cross-owned input supplier, the complaint said (Kaptan Demir Celik Endustrisi ve Ticaret v. U.S., CIT #22-00149).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade assigned two customs actions brought by Beverly Hills watchmaker Ildico to Judge Jane Restani, the court said in two May 12 orders. Ildico filed the case to argue that its imported wristwatches within gold bezels and cases and with synthetic sapphires on front and back should be classifiable as wrist watches with precious metal cases of heading 9101, rather than as CBP liquidated them under subheading 9102 as other wrist watches (see 2204290030) (Ildico Inc. v. U.S., #18-00076, -00136).
The Court of International Trade in a May 12 confidential opinion remanded the Commerce Department's final determination in the countervailing duty investigation on wood cabinets and vanities from China. In a letter on the opinion, Judge Richard Eaton told litigants to return to the court by May 19 after reviewing the opinion for business confidential information. The case was brought by Chinese exporter Dalian Meisen Woodworking Co. to contest Commerce's position on China's Export Buyer's Credit Program and use of a different plywood benchmark for different companies despite the fact that they used the same types of plywood (Dalian Meisen Woodworking Co. v. United States, CIT #20-00110).
The Commerce Department's decision to accept mandatory antidumping duty respondent Gujarat Fluorochemicals Limited's method for reporting its U.S. movement expenses was illegal, U.S. manufacturer Daikin America argued in a May 12 complaint at the Court of International Trade. Gujarat Fluorochemicals' ignored Commerce's instructions to report its sales expenses on a transaction-specific basis, which should have prompted the use of adverse facts available, the complaint said (Daikin America v. United States, CIT #22-00122).
The following lawsuits were recently filed at the Court of International Trade:
The plain language of the antidumping duty and countervailing duty orders on aluminum extrusions from China clearly excludes exporter China Custom Manufacturing's solar panel mount assemblies as extrusions fully assembled after importation, CCM along with importer Greentec Engineering argued in a reply brief at the U.S. Court of Appeals for the Federal Circuit. Since there is no part of the plain language of the order that says a part of plaintiff-appellants' EcoFasten system cannot qualify for the finished merchandise exclusion, the solar panel mounts qualify for the exclusion, the brief said (China Custom Manufacturing v. United States, Fed. Cir. #22-1345).
Net wraps used to bind agricultural products in round bales can't be classified as agricultural machinery, and are more akin to thread in a sewing machine or paper in a printer, DOJ said in a brief filed May 10 at the Court of International Trade. The motion for summary judgment asks CIT Judge Mark Barnett to rule against a motion for summary judgement filed by importer RKW Klerks (see 2203150049), and find the net wraps are knit fabrics rather than agricultural machine parts (RKW Klerks Inc. v. United States, CIT #20-00001).
The Commerce Department's remand results finding that a South Korean authority did not provide electricity below cost in a countervailing duty investigation does not properly apply an "adequate remuneration" standard, plaintiff-appellant Nucor Corp. told the U.S. Court of Appeals for the Federal Circuit. Filing its opening brief in its appeal, Nucor said that while Commerce does identify an adequate remuneration standard that could address the Federal Circuit's prior holding on the agency's sole reliance on a preferential rates analysis, the standard is not properly applied (POSCO v. United States, Fed. Cir. #22-1525).