The Commerce Department failed to consider the "reliance interests" of antidumping petitioners led by Bonney Forge Co. when sticking by its decision to find that questionnaires issued in lieu of on-site verification satisfied the statute's requirement for verification, the Court of International Trade ruled on Aug. 21. Judge Stephen Vaden said that while past practice "is not an inescapable straitjacket," an agency must put a "reasoned explanation on the record" in compliance with the rules established by the Supreme Court in Department of Homeland Security v. Regents of the University of California.
Belkin, trying to fend off allegations it falsely advertised the charging capacity of its power banks for mobile devices (see 2301300008), seeks the entry of a confidentiality order, now that the parties are deep into discovery, said its motion Thursday (docket 1:22-cv-06918) in U.S. District Court for Northern Illinois in Chicago. Plaintiff Dennis Gromov served Belkin with discovery requests that call for the production of documents “containing Belkin’s commercially sensitive, proprietary, and trade secret business information,” said the motion. Some of the documents requested also contain the personally identifiable information of Belkin’s customers, it said. The parties met and conferred about Belkin’s proposed draft confidentiality order, but Gromov’s counsel indicated Gromov won’t consent to the entry of a confidentiality order, it said. Belkin accordingly filed the motion “and submits that good cause exists” for the entry of its proposed order, it said.
Defendants WCO Spectrum, its founder Gary Winnick and CEO Carl Katerndahl seek an order staying discovery in the fraud case brought by T-Mobile pending resolution of their forthcoming motion to dismiss, said their memorandum Thursday (docket 2:23-cv-04347) in U.S. District Court for Central California in Los Angeles. The case involves educational broadband service wireless spectrum in the 2.5-GHz band that the FCC historically has licensed to schools (see 2306030002).
Antidumping and countervailing duties on solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam are now set to take effect in June 2024, after the Commerce Department continued to find in final determinations announced Aug. 18 that imports from the four Southeast Asian countries are circumventing AD/CVD on solar cells from China (A-570-979/C-570-980).
Antidumping and countervailing duties on solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam are now set to take effect in June 2024, after the Commerce Department continued to find in final determinations announced Aug. 18 that imports from the four Southeast Asian countries are circumventing AD/CVD on solar cells from China (A-570-979/C-570-980).
The Court of International Trade in an Aug. 17 opinion appeared to leave the door open for the government to collect additional duties in court cases filed by importers challenging denied protests. In the latest in a series of recently issued decisions finding the government can't file counterclaims in denied protest cases, Judge Gary Katzmann reclassified a government counterclaim as a defense, but said importer Second Nature Designs may be liable for more duties if that defense prevails.
The Court of International Trade in an Aug. 17 opinion appeared to leave the door open for the government to collect additional duties in court cases filed by importers challenging denied protests. In the latest in a series of recently issued decisions finding the government can't file counterclaims in denied protest cases, Judge Gary Katzmann reclassified a government counterclaim as a defense, but said importer Second Nature Designs may be liable for more duties if that defense prevails.
The Court of International Trade on Aug. 17 again declined to allow a government counterclaim to proceed in an importer's denied protest case, redesignating it as a defense, but Judge Gary Katzmann appeared to leave the door open for the government to collect additional duties from the importer. In the case, which involves the classification of dried botanicals, CIT for the fourth time in just over two years said the government can't file counterclaims in cases brought by importers to challenge denied protests. However, should the government convince the court of its preferred classification as a defense, importer Second Nature Designs "may be liable to the Government for increased duties," Katzmann said in a footnote to the opinion.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should deny a government motion to amend a complaint and toss the action with respect to a single entry, American Home Assurance Company (AHAC) said in an Aug. 14 motion. DOJ is seeking antidumping duties and interest on eight single transaction bonds issued over 20 years ago (U.S. v. American Home Assurance Co., CIT # 20-00175).