The following lawsuits were filed at the Court of International Trade during the week of May 1-7:
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit granted the government's motion for leave to correct parts of two statements it made in a now-concluded case on tobacco excise taxes for cigar wrappers. The U.S. said samples of the goods relied on in the case were taken from a specific entry when they were not, adding that it has identified the source of six of the nine samples considered by the court. While importer and appellant New Image Global never raised the source of the samples as a concern, the company filed two related complaints at the Court of International Trade alleging for the first time that the lab reports were false and unreliable (see 2210310062). As a result, the U.S. asked the court for leave to withdraw the two statements that inaccurately describe the entries "out of a deep commitment to transparency and candor" (see 2304240043). The court granted the motion without prejudice to further proceedings before CIT (New Image Global v. U.S., Fed. Cir. # 19-2444).
The Commerce Department will not consider arguments for a particular market situation that are devoid of quantifiable data, the agency said as part of a proposed update to its antidumping duty regulations. While Commerce acknowledged that it legally can consider non-quantifiable data per the U.S. Court of Appeals for the Federal Circuit's decision in NEXTEEL v. U.S. (see 2304200048), the agency said it finds such arguments "typically unhelpful" to its analysis, proposing to not be required to consider them in determining whether a PMS exists. Commerce added that it will not be required to consider "speculative costs or prices" as well.
The following lawsuit was recently filed at the Court of International Trade:
The Commerce Department dropped its presumption that exporter Jilin Forest Industry Jinqiao Flooring Group Co. was controlled by the Chinese government after the Court of International Trade questioned whether the agency could disregard an individually selected respondent's data in favor of the country-wide non-market economy rate. In its remand results to the trade court, Commerce assigned Jilin a zero percent dumping rate using the company's actual submissions during an antidumping duty administrative review on multilayered wood flooring from China (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, CIT # 18-00191).
The following lawsuit was recently filed at the Court of International Trade:
Online dating company Match Group must produce documents it withheld from the FTC’s investigation into claims the company improperly shared user photos with a facial recognition startup, the U.S. District Court for the District of Columbia ruled Monday in docket 2022-0054.
The Court of International Trade on May 2 upheld a CBP evasion finding in an Enforce and Protect Act investigation, with Judge Jane Restani finding that the standard for initiation of an EAPA investigation is low and that the "voluminous evidence" provided by an initial allegation filed by M&B meets both the government’s and importer CEK Group's proposed standards of reasonable suggestion.
The following lawsuits were filed at the Court of International Trade during the week of April 24-30.