The Court of International Trade in an Aug. 17 opinion appeared to leave the door open for the government to collect additional duties in court cases filed by importers challenging denied protests. In the latest in a series of recently issued decisions finding the government can't file counterclaims in denied protest cases, Judge Gary Katzmann reclassified a government counterclaim as a defense, but said importer Second Nature Designs may be liable for more duties if that defense prevails.
Ben Perkins
Ben Perkins, Assistant Editor, is a reporter with International Trade Today and its sister publications, Trade Law Daily and Export Compliance Daily, where he covers sanctions, court rulings, and other international trade issues. He previously worked as a trade analyst for a Washington D.C. advisory firm. Ben holds a B.A. in English from the University of New Hampshire and an M.A. in International Relations from American University. Ben joined the staff of Warren Communications News in 2022.
The Court of International Trade on Aug. 16 denied a motion by importer Wanxiang America to dismiss a penalty case related to its alleged misclassification and failure to pay associated antidumping duties on tapered roller bearings.
The International Trade Commission has begun a Section 337 investigation on power converter modules (ITC Inv. No. 337-1370), it said in a Federal Register notice. This follows a July 12 complaint by Vicor Corp. of Massachusetts (see 2307180003) alleging Taiwan-based companies Delta and Quanta, along with Chinese Foxconn, have imported power converter modules and computing systems that infringe on three of Vicor's patents related to power system technologies used in high density and high efficiency applications like "high-end" computing. Vicor asked the ITC for a limited exclusion order forbidding entry of the proposed respondents’ infringing products and a cease and desist order.
The International Trade Commission published notices in the Aug. 16 Federal Register on the following AD/CVD injury, Section 337 patent or other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Aug. 15, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
The Foreign-Trade Zones Board issued the following notices on Aug. 16:
DHS Secretary Alejandro Mayorkas and Acting CBP Commissioner Troy Miller must respond to allegations of forced labor used in imported cocoa from Côte d’Ivoire by seven major chocolate companies, the International Rights Advocates (IRAdvocates) said in its Aug. 15 complaint at the Court of International Trade. The suit aims to force DHS and CBP to issue a decision in response to a 2020 petition filed by IRAdvocates along with Corporate Accountability Lab, and the University of California Irvine Law School's Human Rights Clinic (UCI) (International Rights Advocates v. Alejandro Mayorkas and Troy Miller, CIT # 23-00165).
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Aug. 14, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
The International Trade Commission began a Section 337 investigation on imported ice machines for commercial uses (ITC Inv. No. 337-TA-1369), it said in a notice.
The International Trade Commission published notices in the Aug. 15 Federal Register on the following AD/CVD injury, Section 337 patent or other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):