CBP erroneously found that importer Superon Schweisstechnik's stainless steel round wires aren't coated in a "flux material" and thus misclassified three types of the wires, Superon argued in an Oct. 30 complaint filed at the Court of International Trade. The importer faulted CBP for using the "conventional test methods" on the wires' coating, "rather than the globally recognized specialized methods necessary for identifying" the type of coating on the wires (Superon Schweisstechnik India v. United States, CIT # 21-00570).
Mandi Rae Lumley, a member of the Yakama Native American tribe, filed suit against the imposition of tariffs against her, claiming any duties assessed against her violate the 1855 Yakama Treaty. Lumley, filing suit along with her company Tikkun Olam Holdings, said the Yakama Treaty lets members of the Yakama tribe "use any public highway to carry on free trade with any trading partner" (Mandi Rae Lumley v. U.S. Customs and Border Protection, D.Or. # 3:25-02003).
Both the government and a group of seafood importers opposed three conservation groups' attempt to intervene in the seafood importers' case against the National Marine Fisheries Service's comparability findings on 240 fisheries across 46 nations, which will lead to an import ban from the fisheries on Jan. 1, 2026 (National Fisheries Institute v. United States, CIT # 25-00223).
The following lawsuits have been filed recently at the Court of International Trade:
Importer PGS Distributing's customs case on its wood flooring entries at the Court of International Trade was dismissed on Oct. 28 for lack of prosecution. The case was added to the customs case management calendar and wasn't removed before the expiration of the "applicable period of time of removal." PGS Distributing brought the suit in 2021 to contest CBP's denial of its protest over whether CBP's report of transshipment is related to plywood and not to multilayer wood flooring (see 2110180070). Counsel for the importer didn't immediately respond to a request for comment (PGS Distributing v. United States, CIT # 21-00564).
Importer Riverside Plywood and exporter Baroque Timber Industries (Zhongshan) will appeal a Court of International Trade case on the 2017 administrative review of the countervailing duty order on multilayered wood flooring from China, joining importer Galleher in appealing the case (see 2510090007) (Jiangsu Senmao Bamboo and Wood Industry Co. v. United States, CIT Consol. # 20-03885).
Riverside Plywood and Baroque Timber Industries (Zhongshan) will appeal a Court of International Trade case on the 2018 administrative review of the countervailing duty order on multilayered wood flooring from China (Evolutions Flooring v. United States, CIT Consol. #21-00591).
Neal Katyal, partner at Milbank, will argue at the Supreme Court on behalf of the private parties during the Nov. 5 hearing on the legality of tariffs imposed under the International Emergency Economic Powers Act, a representative of the parties confirmed (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
Battery importer Camel Energy urged the Court of International Trade on Oct. 29 to expedite its case on CBP's exclusion of two of its entries. The company said "good cause" exists to speed up the case, since the importer "continues to incur damages in port and storage fees" and the exclusion of the goods "prevented Camel’s North American customers from receiving their products" (Camel Energy v. United States, CIT # 25-00230).
The Commerce Department reasonably found that antidumping duty petitioner Habich GmbH isn't affiliated with its North American sales agent and calculated normal value based on Habich's Mexican sales in the 2021-22 administrative review of the AD order on Austrian strontium chromate, the Court of International Trade held on Oct. 29.