The following lawsuits were recently filed at the Court of International Trade:
Size-reduction machinery should be classified as duty-free machines for "crushing, grinding, or screening" rather than as "other electromechanical" machines, dutiable at 2.5%, importer Vecoplan said in a Nov. 14 motion for summary judgment at the Court of International Trade (Vecoplan v. United States # 20-00126).
The Court of International Trade in a Nov. 15 judgment dismissed Amsted Rail's conflict-of-interest case against its former counsel for lack of subject-matter jurisdiction. Concurrently filing a confidential opinion but a public order, Judge Gary Katzmann said the plaintiffs can refile under Section 1581(c). The case was originally filed under Section 1581(i), the court's "residual" jurisdiction (Amsted Rail v. U.S., CIT #22-00307).
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were filed at the Court of International Trade during the weeks of Oct. 31 - Nov. 6 and Nov. 7-13:
US Steel Tells CIT About 'Developments' in CAFC Case Over Intervention in Section 232 Exclusion Case
U.S. Steel Corp., defendant-intervenor in a case over a denied Section 232 steel and aluminum tariff exclusion request, filed a notice of supplemental authority at the Court of International Trade on Nov. 14. The notice pointed to "developments" in a case before the U.S. Court of Appeals for the Federal Circuit, California Steel Industries v. U.S., in which the appellate court denied U.S. Steel the right to intervene in a different challenge to Section 232 exclusion request denials. Those "developments" reference U.S. Steel Corp.'s motion for rehearing (see 2210250056), in which it argued that the majority's ruling in the opinion cannot be squared with key Supreme Court precedent. The defendant-intervenor alerted the trade court to these developments "as they may result in a change to Federal Circuit law regarding the rights of parties to intervene in actions before the Court" (Seneca Foods Corp. v. United States, CIT #22-00243).
The Commerce Department admitted that it was "improper" to inflate a Mexican labor wage rate using Brazilian consumer price index (CPI) data in an antidumping duty investigation. Submitting its remand results on Nov. 14 to the Court of International Trade, Commerce said it reopened the record and added Mexican wage rate data. The agency also found on remand that exporter Guangzhou Ulix Industrial & Trading Co. met the burden for achieving separate rate status. The result of the remand is a zero percent dumping margin for respondents Ningbo Master International Trade Co., Guangzhou Jingye Machinery Co. and now Ulix (New American Keg v. United States, CIT #20-00008).
The following lawsuits were recently filed at the Court of International Trade:
CBP issued an internal guidance Nov. 7 on verifying bond amounts for Temporary Importation Under Bond (TIB) entries and requesting additional security under a Single Transaction Bond (STB) when a continuous bond is on file but is not sufficient to cover TIB requirements, the agency said in a Nov. 14 CSMS message.
Law firm Neville Peterson has replaced Clark Hill as counsel for importer Meyer Corp. in 10 cases at the Court of International Trade, according to a notice of substitution of attorney at the Court of International Trade. Meyer filed the case over the use of first sale treatment in which CIT questioned whether goods from non-market economies could qualify for first sale valuation. This ruling was overturned by the U.S. Court of Appeals for the Federal Circuit, which ruled that CBP had no basis to consider a country's non-market economy status when finding whether to grant first sale treatment to a transaction (see 2208110060). This case returned to the trade court, where it serves as a test case for many other proceedings brought by Meyer -- 10 of which Neville Peterson has taken over as counsel for Clark Hill (Meyer Corp. v. United States , CIT #14-00277, 15-00018, 15-00019, 15-00092, 15-00191, 15-00332, 16-00112, 16-00271, 17-00186, 20-03835).