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).
The United States-Bahrain Free Trade Agreement established a "double substantial transformation" test to qualify for preferential tr eatment under the FTA, the U.S. argued in a cross-motion for partial summary judgment at the Court of International Trade. The controlling authority regarding the test is General Note 30 to the Harmonized Tariff Schedule and not, as importer JBF Bahrain has argued, the executive agreement between the two countries or a side letter on tariff classification, the U.S. said (JBF Bahrain v. United States, CIT # 23-00067).
The Commerce Department failed to adequately support its finding that circular welded steel pipe from Vietnam made with hot-rolled steel from South Korea, India or China circumvented the antidumping duty and countervailing duty orders on steel pipe from the three countries, the Court of International Trade held on Dec. 16.
Angela Ellard, former deputy director-general of the World Trade Organization, has joined the Center for Strategic and International Studies as a nonresident senior adviser with its Economic Security and Technology Department, the think tank announced Dec. 15. Ellard joined WTO as deputy director-general in 2021 after serving as chief trade counsel for the House Committee on Ways and Means.
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).
The Commerce Department failed to adequately support its decision in a scope referral to exclude certain carbon steel butt-weld pipe fittings made from Chinese fittings that underwent production in Vietnam from the scope of the antidumping duty order on carbon steel butt-weld pipe fittings from China, the Court of International Trade held on Dec. 16.
The Commerce Department reasonably found that a certain Moroccan tax subsidy isn't de facto specific, since it's widely available throughout the economy, the Court of International Trade held on Dec. 16. Judge Timothy Stanceu sustained Commerce's reversal of its specificity determination made on remand in a case on the 2020-21 review of the countervailing duty order on Moroccan phosphate fertilizer.