The Court of International Trade on Feb. 16 denied an importer and its owner's motion for reconsideration in a penalty case where they stand accused of customs fraud, as well as their bid to appeal a single issue in the case related to the date the alleged fraud was discovered (United States v. Greenlight Organic, CIT # 17-00031).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade in a Feb. 14 order granted the Commerce Department's bid for a voluntary remand to address its selection of only one respondent in a countervailing duty case. Judge Timothy Reif gave the agency 45 days to file its remand results (Jiangsu Senmao Bamboo and Wood Industry Co. v. U.S., CIT Consol #20-03885).
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit in a Feb. 13 text-only notice alerted appellee CP Kelco it has failed to file a response brief in an Enforce and Protect Act case. The court said failure to file such a brief could lead to "dismissal or other action as deemed appropriate by the court" (All One God Faith v. U.S., Fed. Cir. # 23-1078).
The Commerce Department is apparently expanding a covered merchandise inquiry in an Enforce and Protect Act case into what is in effect an anti-circumvention inquiry, but can't use any prospective finding of circumvention to find an importer previously evaded duties in violation of the Enforce and Protect Act, plaintiffs Norca Industrial Co. and International Piping & Procurement Group (IPPG) argued in a Feb. 14 brief asking the Court of International Trade to reconsider its prior stay in the case (Norca Industrial Co. v. U.S., CIT # 21-00192).
The Commerce Department requested a voluntary remand in a countervailing duty case at the Court of International Trade in light of a U.S. Court of Appeals for the Federal Circuit ruling that the agency cannot select just one mandatory respondent in an antidumping or countervailing duty review where multiple exporters have requested a review. Filing an unopposed motion for remand Feb. 14, Commerce said the decision, YC Rubber v. U.S., "may implicate Commerce's respondent selection determinations at issue in this litigation" (Jiangsu Senmao Bamboo and Wood Industry Co., et al. v. U.S., CIT Consol. # 20-03885).
The following lawsuits were filed at the Court of International Trade during the week of Feb. 6-12:
The Court of International Trade in a Feb. 13 order granted importer Strato's voluntary dismissal notice without prejudice in its customs case on selective cushioning units. While the U.S. did not serve an answer nor a motion for summary judgment in the case, Strato's counsel discussed with the government's counsel and agreed to voluntarily dismiss the case, the order said (Strato v. United States, CIT # 22-00315).
The U.S. Court of Appeals for the Federal Circuit should grant a U.S. motion for more time to file its reply brief in an antidumping duty scope ruling challenge, the government argued in a Feb. 10 brief responding to arguments from appellant Sigma Corp. opposing the extension request. In its brief, Sigma said the extension bid could affect a parallel False Claims Act action at the U.S. Court of Appeals for the 9th Circuit. But even Signma concedes that the 9th Circuit is considering waiting for the Federal Circuit's decision before settling the False Claims Act matter, which indicates that the Federal Circuit should grant the extension request, the U.S. said (Vandewater International v. United States, Fed. Cir. # 23-1093).