The Court of International Trade in an April 29 order consolidated two cases challenging CBP's Enforce and Protect Act investigation into the antidumping and countervailing duty orders on aluminum extrusions from China. The cases, one brought by Kingtom Aluminio, and the other brought by Industrial Feliciano Aluminum, J.L. Trading Corp. and Puertas y Ventanas, contest CBP's position that Kingtom evaded the orders by transshipping aluminum extrusions through the Dominican Republic. Kingtom filed its complaint on April 8, arguing that CBP's position that Kingtom had exports subject to the orders is an abdication of its responsibility to conduct AD/CVD administrative reviews (see 2204110031) (Kingtom Aluminio v. United States, CIT Consol. #22-00072).
Beverly Hills watchmaker Ildico filed two separate complaints with the Court of International Trade on April 28, arguing its imported wristwatches within gold bezels and cases and 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 (Ildico Inc. v. U.S., #18-00076, -00136)
The Court of International Trade in an April 28 opinion upheld the Commerce Department's move to drop Section 232 duties from antidumping duty review respondent Power Steel's U.S. price for two entries of steel concrete rebar. The result is a de minimis dumping rate for Power Steel. In the one-page order, Judge Jane Restani said that as no party intends to submit further filings, the remand is sustained.
The following lawsuits were recently filed at the Court of International Trade:
Importer DSM Nutritional Products moved on April 27 to designate a test case in its tariff classification challenge on beta-carotene products, in a bid to place six other cases under one other action at the Court of International Trade. Five of the other cases were brought by DSM (see 2110270052) and one other by American International Chemical (DSM Nutritional Products v. United States, CIT #17-00136).
The Commerce Department on remand at the Court of International Trade found that antidumping duty review respondent Shandong New Continent Tire accurately reported its U.S. sales prices and affiliated parties. After voluntarily requesting the remand, Commerce said it was able to verify New Continent's U.S. prices and affiliations in the highly redacted remand results (Pirelli Tyre v. U.S., CIT #20-00115).
Counsel for Jennifer Lam-Quang-Vinh, a customs broker and former senior manager of Global Trade and Customs at Springs Window Fashions, a producer and seller of window coverings, pushed the U.S. Court of Appeals for the 7th Circuit to set up a jury trial over whether she was unlawfully fired. During an April 27 oral argument, counsel for Lam continued to make the case that she was illegally let go from her job for expressing her view that the company's window shades imports should be assessed Section 301 China tariffs and that a jury should look at the case (Jennifer Lam-Quang-Vinh v. Springs Window Fashions, W.D. Wis. #21-2665).
The U.S. District Court for the Western District of Washington granted importer JAS Supply's motion to amend its complaint in a spat over a customs broker contract involving a shipment of 19 containers of alcohol wipes from China. Judge Tana Lin said that the amended complaint cured the defects in the original complaint and disagreed with the defendants, Radiant Global Logistics and Radiant Customs Services, that the amendments were futile (JAS Supply v. Radiant Customs Services, W.D. Wash. #2:21-01015).
The Court of International Trade granted steel company NLMK Pennsylvania's request to file a second amended complaint in its challenge to the Commerce Department's denials of the company's Section 232 steel and aluminum tariff exclusion requests. The amended complaint tacks on two additional entries that were denied the Section 232 exclusions since they cover the same products. The motion went unopposed from the U.S. (NLMK Pennsylvania LLC v. United States, CIT #21-00507).
The U.S. moved for a stay of proceedings in an Enforce and Protect Act contest at the Court of International Trade after CBP found that a covered merchandise referral to the Commerce Department was needed after a voluntary remand request to reconsider its affirmative evasion finding (Fedmet Resources Corporation v. United States, CIT #21-00248).