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).
Steel hanger importer Zhe “John” Liu moved Oct. 28 to quash a subpoena intended for another party, Chen Liu, who he said hadn’t been served and was currently out of the country (United States v. Zhe “John” Liu, CIT #s 22-00215, 23-00116, 24-00132).
Domestic producer Encore Wire Corp. joined the United States in opposing a Vietnamese wire cable exporter’s challenge to the use of adverse facts available in its circumvention inquiry (Tanghenam Electric Wire & Cable Co. v. United States, CIT # 25-00049).
The following lawsuit has been filed recently at the Court of International Trade:
Due to the federal government shutdown, the U.S. District Court for the Western District of Washington stayed a case from importer Eteros Technologies USA and several of its executives against CBP for allegedly retaliating against the company and its executive for winning a customs case at the Court of International Trade. Judge Kymberly Evanson said that despite Eteros' refusal to agree to a stay, the court still finds a stay to be appropriate "due to the prejudice that will result to Defendants if their counsel is unable to meet deadlines during the lapse in appropriations" (Eteros Technologies USA v. United States, W.D. Wash. # 2:25-00181).
The U.S. asked the Court of International Trade on Oct. 23 to reconsider a temporary stay of a CBP forced labor finding regarding a Dominican aluminum extrusions exporter (Kingtom Aluminio v. United States, CIT # 24-00264).
Solar cell exporter Trina Solar (Vietnam) Science & Technology Co. said neither the Court of International Trade nor the Commerce Department addressed the exporter's claim that the nature of the production compelled a negative determination in the antidumping and countervailing duties anti-circumvention inquiry on solar cells from Vietnam. Filing comments on Commerce's remand results in a case on the circumvention proceedings, Trina Solar said the court can now address whether the significance of the statutory "nature and production process" factor "can be reconciled with" Commerce's affirmative circumvention finding "when the circumvention provisions were enacted to address 'screwdriver' operations" (Trina Solar (Vietnam) Science & Technology Co. v. United States, CIT # 23-00228).
The following lawsuit has been filed recently at the Court of International Trade: