The following lawsuits were filed recently at the Court of International Trade:
The U.S. and importer Wanxiang America agreed to settle a customs penalty case against the importer in which the U.S. was seeking $97 million for unpaid antidumping duties on the company's car part entries. Counsel for Wanxiang America didn't immediately respond to a request for comment.
The Court of International Trade on Dec. 18 denied an application for a temporary restraining order against the liquidation of entries made by various companies represented by Grunfeld Desiderio seeking refunds of tariffs imposed under the International Emergency Economic Powers Act (Strato Technology Solutions v. United States, CIT Consol. # 25-00322).
The following lawsuits were filed recently at the Court of International Trade:
The U.S. agreed to liquidate hoverboards imported by 3BTech under duty-free Harmonized Tariff Schedule subheading 8711.60.000 and exclude the goods from Section 301 China tariffs under secondary subheading 9903.88.17. 3BTech and the U.S. filed a stipulated judgment in the importer's test case on the issue, which resolves the spat in favor of 3BTech (3BTech v. United States, CIT # 21-00026).
Attorneys at Grunfeld Desiderio filed an application for a temporary restraining order last week against the liquidation of entries in various cases that were assessed tariffs imposed under the International Emergency Economic Powers Act. In its response filed on Dec. 16, the U.S. repeatedly cited the Court of International Trade's recent decision to deny an injunction against liquidation in other cases seeking IEEPA tariff refunds on the grounds that the trade court has the power to order reliquidation of finally liquidated entries in Section 1581(i) cases (see 2512150029) (Strato Technology Solutions v. United States, CIT Consol. # 25-00322).
In oral argument before Court of International Trade Judge Mark Barnett, parties grappled with how much the Commerce Department was required to consider the original record of its review of the countervailing duty order on Canadian softwood lumber -- which has been subject to litigation since its results were published in 2019 (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. U.S., CIT Consol. # 19-00122).
The following lawsuits were filed recently at the Court of International Trade:
The Court of International Trade's recent decision finding that no protests are needed to file suit under Section 1581(i) seeking refunds from tariffs imposed under the International Emergency Economic Powers Act "applies solely to pending court cases at this time," said attorneys at Grunfeld Desiderio. Protests may have to be filed if the Supreme Court strikes down the tariffs and CBP has not taken other steps to effect relief.
The Court of International Trade remanded the Commerce Department's determination that U.S. seafood seller Luscious Seafood is not a bona fide wholesaler of the domestic like product in a confidential decision issued on Dec. 15. Judge Timothy Stanceu said Commerce shall issue a new decision "in which it decides whether Luscious Seafood had standing to request an administrative review of certain Vietnamese exporters and producers" (Luscious Seafood v. United States, CIT # 24-00069).