The following lawsuits were recently filed at the Court of International Trade:
Canada-based Midwest-CBK's sales to U.S. customers weren't "for export" to the U.S. and therefore don't have a "transaction value" for the assignment of import duties, the company told the U.S. Court of Appeals for the Federal Circuit. Filing a reply brief on July 19, Midwest-CBK said the goods should have been "appraised via deductive value" and that its goods were deemed liquidated since CBP didn't have an adequate basis to extend the liquidation of its entries (Midwest-CBK v. United States, Fed. Cir. # 24-1142).
The U.S. told the U.S. Court of Appeals for the Federal Circuit on July 19 that importer Nutricia North America's medical foods should be classified as "food preparations" and not "medicaments" (Nutricia North America v. U.S., Fed. Cir. # 24-1436).
The facilitator of the negotiations on World Trade Organization dispute settlement reform, Mauritius' Usha Dwarka-Canabady, said that members have made progress on the "issue of accessibility" but that the topic of the appeals process "might take a bit more time," the WTO said. Reporting on the state of the negotiations on July 18, Dwarka-Canabady said talks must "accelerate."
Benin and Sierra Leone formally accepted the World Trade Organization Agreement on Fisheries Subsidies July 19, bringing to 80 the number of countries that have accepted the deal. The WTO requires 30 more formal acceptances to reach the two-thirds of membership threshold needed for the agreement to be able to enter into force.
Antidumping and countervailing duty petitioners, led by Atlas Tube, said the Commerce Department properly used adverse facts available against exporter Hoa Phat Steel Pipe Co. in three anti-circumvention inquiries for untimely submitting questionnaire responses in a "straightforward case" (Hoa Phat Steel Pipe Co. v. U.S., CIT Consol. # 23-00248).
The U.S. Supreme Court's recent decision upending the Chevron principle of deferring to federal agencies' interpretations of ambiguous statutes requires a more demanding review of the Office of Foreign Assets Control's use of the Global Magnitsky Act and International Emergency Economic Powers Act, sanctioned Mir Rahman Rahmani and his son, Hafi Ajmal Rahmani, argued (Mir Rahman Rahmani v. Janet Yellen, D.D.C. # 24-00285).
Importers Yellow Bird and Vantage Point filed a complaint at the Court of International Trade July 18 arguing that a 1955 Jaguar race car, driven in competitions by multiple Australian racing drivers, is a collector's item, not a used motor vehicle (Yellowbird Enterprises v. U.S., CIT # 24-00121).
Maxim Marchenko, a Russian national living in Hong Kong, was sentenced on July 17 to three years in prison for his role in shipping dual-use, military grade organic light-emitting diode (OLED) micro-displays for Russian end users (see 2309190063), DOJ announced. He will serve three years of supervised release following his prison sentence.
The following lawsuit was recently filed at the Court of International Trade: