U.S. solar cell maker Auxin Solar and solar module designer Concept Clean Energy launched a lawsuit at the Court of International Trade on Dec. 29 to contest the Commerce Department's pause of antidumping and countervailing duties on crystalline silicon photovoltaic cells and modules from Southeast Asian found to be circumventing the AD/CVD orders on these products from China (Auxin Solar v. U.S., CIT # 23-00274).
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
The following lawsuits were filed at the Court of International Trade during the week of Dec. 25-31:
Cannabis industry companies should take stock of their import supply chains and CBP clearance procedures in the wake of actions against shippers for undervaluing merchandise, law firm Neville Peterson said in a Jan. 2 blog post. While undervaluation for cannabis-related goods "may have gone undetected due to CBP's unfamiliarity with" the products, CBP is "moving up a learning curve," allowing for easier detection and greater due diligence for importers, the post said.
Importers of cannabis-related goods should seek customs rulings to "interpret the laws of every State that has repealed prior prohibitions" pertaining to cannabis paraphernalia to better facilitate the importation of these goods, law firm Neville Peterson said in a blog post.
Action camera maker GoPro Inc.'s camera housings are camera parts and not cases, the Court of International Trade ruled Dec. 28, allowing them to enter the U.S. duty-free.
A ban on imports of Apple watches is on hold, after the Court of Appeals for the Federal Circuit on Dec. 27 granted Apple's bid for an interim stay of the International Trade Commission's import ban in a patent dispute concerning the watches' medical monitoring technology (Apple Inc. v. U.S. International Trade Commission, Fed. Cir. # 24-1285).
The following lawsuits were filed at the Court of International Trade during the weeks of Dec. 4-10, 11-17 and 18-24.
China issued new export restrictions on four products this week, according to an unofficial translation of a Ministry of Commerce announcement. The four items are cell cloning and gene editing technology for human use, crop hybrid advantage utilization technology, "bulk material handling and transportation technology," and lidar systems.
Pencil importer Royal Brush Manufacturing was required to file protests before it could challenge CBP's allegedly improper liquidations under an Enforce and Protect Act antidumping duty evasion investigation, the Court of International Trade ruled on Dec. 15. Dismissing the company's case for lack of jurisdiction, Judge Mark Barnett echoed the U.S. Court of Appeals for the Federal Circuit's ruling in Juice Farms v. U.S. in ruling that "all liquidations, whether legal or not, are subject to the timely protest requirement."
Furniture company Homestar North America will pay $798,334 to settle charges that it violated the False Claims Act by underreporting the value of its Chinese imports to avoid customs duties, the U.S. Attorney's Office for the Eastern District of Texas announced. Of the total penalty, $151,683 will go to the whistleblower in the action: Larry Edwards, a logistics and warehouse manager who worked for Homestar for a short stint in 2020.