The following lawsuits were filed recently at the Court of International Trade:
Importer USP Holdings on Nov. 20 voluntarily dismissed its case at the Court of International Trade regarding the applicability of Section 232 steel and aluminum tariff exclusions. USP brought its case last month to contest CBP's denial of its protest claiming its steel entries were improperly denied Section 232 exclusions. Scott Johnston, counsel for USP, said in an email that the company ultimately received relief administratively after CBP agreed to void the denials. However, the case was initially filed, since the relief "came right at/after the 180-day period to challenge the Protest denials in the CIT." (USP Holdings v. United States, CIT # 25-00227).
The U.S. Court of Appeals for the Federal Circuit on Nov. 20 scheduled a case concerning deemed liquidation of duty drawback claims for oral argument on Jan. 8 (Performance Additives v. United States, Fed. Cir. # 24-2059).
Various importers sought to consolidate their cases against the legality of tariffs imposed under the International Emergency Economic Powers Act, all of which were filed after the Supreme Court held oral argument in the lead cases on the question. In all, the companies sought to consolidate 24 different cases on the IEEPA tariffs, all of which were brought by Crowell & Moring.
The Court of International Trade sustained the Commerce Department's antidumping duty investigation on thermal paper from Germany after the parties challenging the proceeding withdrew their challenge following the trade court's decision last month in Domtar v. U.S.
Antidumping duty petitioner American Paper Plate Coalition on Nov. 20 pushed back against respondent Fuzhou Hengli Paper's bid to add an "Excel datafile" to the record in the respondent's case against the AD investigation on paper plates from China on the basis that the document was never properly presented to the Commerce Department in the investigation (Fuzhou Hengli Paper v. United States, CIT # 25-00064).
The Commerce Department universally tolled all "Enforcement and Compliance deadlines" for 47 days, the effective length of the federal government shutdown, save for submissions due during the shutdown and requests for administrative reviews of suspension agreements and antidumping and countervailing duty orders.
The following lawsuits were filed recently at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Nov. 19 affirmed the Court of International Trade's dismissal of Nebraska man Byungmin Chae's second case on one question in the April 2018 customs broker license exam. Judges Timothy Dyk, Jimmie Reyna and Kara Stoll agreed with the trade court that the case should be dismissed "on the basis of claim preclusion."
The Commerce Department failed to provide notice of any reporting deficiencies related to antidumping duty respondent Fuzhou Hengli Paper Co.'s paperboard input reporting, and the agency was on notice of any alleged deficiency, since the respondent's reporting methodology was "obvious," Fuzhou Hengli argued in a Nov. 17 reply brief at the Court of International Trade (Fuzhou Hengli Paper v. United States, CIT # 25-00064).