The Court of International Trade on Dec. 8 denied the government's motion to dismiss Chinese printer cartridge exporter Ninestar's suit against its placement on the Uyghur Forced Labor Prevention Act Entity List following a court order finding that CIT has the jurisdiction to hear challenges to inclusion on the UFLPA Entity List. Judge Gary Katzmann said the motion was moot, denying it without prejudice to a renewed motion to dismiss after Ninestar's filing of its amended complaint (Ninestar Corp. v. United States, CIT # 23-00182).

A South Korean steel export company told the Court of International Trade that government intervention before and during its sale to new owners didn't constitute continuing government subsidies, saying the acquisition was still made at fair market value (KG Dongbu Steel v. U.S., CIT # 23-00055).

A Chinese automobile accessories exporter sought summary judgment at the Court of International Trade on Dec. 7 in its case contesting CBP's imposition of 25% Section 301 tariffs on its products (Keystone Automotive Operations v. U.S., CIT # 21-00215).

The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:

The following lawsuits were recently filed at the Court of International Trade:

A Chinese brick exporter alleged Dec. 4 at the Court of International Trade that the Commerce Department is illegally expanding the scope of its antidumping and countervailing duty orders on Chinese-imported magnesia carbon bricks (Fedmet Resources v. U.S., CIT # 23-00117).

Judges at the U.S. Court of Appeals for the Federal Circuit during Dec. 7 oral arguments sharply questioned importer Rimco's arguments that it didn't need to raise an Eighth Amendment challenge to its adverse facts available rate administratively at the Commerce Department before challenging it in court (Rimco v. United States, Fed. Cir. # 22-2079).

The Court of International Trade doesn't have jurisdiction to hear importer Southern Cross Seafoods' challenge to the National Marine Fisheries Service's rejection of its application for preapproval to import Chilean sea bass, the court ruled Dec. 7. Judge Timothy Reif said that the agency's decision, issued under the Antarctic Marine Living Resources Convention Act of 1984 (AMLRCA), doesn't constitute an "embargo or other quantitative restriction," barring jurisdiction under Section 1581(i), the court's "residual" jurisdiction.

The Commerce Department published the preliminary results of its antidumping duty administrative review on fresh garlic from China (A-570-831). The agency preliminarily said the only company remaining under review, Jining Huahui International Co., Ltd., had no bona fide exports of subject merchandise to the U.S. during the period under review. If Commerce's “no shipments” finding for Jining Huahui is continued in the final results, subject merchandise from the company will continue to enter at AD rates previously in effect, and any entries filed with Jining Huahui's case number entered Nov. 1, 2021, through Oct. 31, 2022, will be liquidated at the China-wide rate. Commerce will make its final decision when it issues the final results of this review, currently due in April.

Sens. Bill Cassidy, R-La., and Tammy Baldwin, D-Wis., have introduced a bill that would direct antidumping and countervailing duty revenue to counties that have been injured by trade. According to a one-page description of the bill, introduced Dec. 6, "Priority is given to communities where a domestic producer would be most likely to increase production and employment with the benefit of a grant."