The Court of International Trade (CIT) made the following antidumping and countervailing duty law determinations in the second half of November 2010.

The Court of International Trade (CIT) made the following antidumping and countervailing duty law determinations in the first half of November 2010.

The Court of International Trade has dismissed All Tools’ complaints in All Tools, Inc. v. U.S., in which All Tools argued the deadline for filing its lawsuit seeking an order to reclassify certain paint brushes was “equitably tolled” because U.S. Customs and Border Protection had not issued a protest number in a timely manner.

In U.S. v. Callanish Ltd., the Court of International Trade ruled that an amended complaint¹ filed by U.S. Customs and Border Protection in May 2010, to recover a civil penalty of $17,734,926 under 19 USC 1592 (fraud), had not provided sufficient information to establish that this was the correct penalty amount.

The Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC) made the following antidumping and countervailing duty law determinations in the second half of October 2010.

In Trumpf Medical Systems, Inc, v. U.S., the Court of International Trade determined that certain surgical light systems were considered a diagnostic tool chiefly used as an aid to physicians in identifying a disease or illness, and were therefore duty-free under Harmonized Tariff Schedule subheading 9018.90.60 as electro-surgical instruments.

In National Fisheries Institute Inc., et. al., v. U.S. Customs and Border Protection (NFI V), the Court of International Trade approved CBP’s second remand redetermination regarding the Enhanced Bonding Requirement that had applied to certain importers of shrimp products subject to antidumping duty orders.

In a September 7, 2010 decision, Alden Leeds Inc. v. U.S., the Court of International Trade denied U.S. Customs and Border Protection’s request to dismiss an importer’s claim for a refund of estimated antidumping duties deposited in excess of the final AD duty rate.

The Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit (CAFC) made the following antidumping and countervailing law determinations, or released the public versions of such, in the first half of October 2010.

In an October 4, 2010 decision, Lizarraga Customs Broker v. U.S. et al., the Court of International Trade entered into record U.S. Customs and Border Protection’s “Confession of Judgment” in favor of Lizarraga Customs Broker, in which CBP conceded to not suspend or deactivate Mr. Lizarraga entry filer code for any past fact or event.