The following lawsuit was recently filed at the Court of International Trade:
Importer TCW Trends and the U.S. signed a stipulation of dismissal submitted Sept. 30 to the Court of International Trade in a customs spat over men's knit tops and pants. TCW filed the case to argue that its tops and pants were made in a Qualifying Industrial Zone in Alexandria, Egypt, making the goods eligible for preferential duty-free treatment under General Note 3(a)(v) of the Harmonized Tariff Schedule. The entries were liquidated under HTS subheading 6103.43.15 and 6105.20.20. TCW Trends argued that CBP's finding that the merchandise didn't meet the duty-free eligibility requirements under the QIZ program was contrary to law (TCW Trends v. United States, CIT #12-00166).
Surety company American Home Assurance Co.'s (AHAC's) affirmative defense of laches requires it to prove that it suffered prejudice given the government's delay in commencing a legal action over uncollected antidumping duties. AHAC has failed to do so and thus cannot make its laches claims, the U.S. argued in a Sept. 28 reply brief at the Court of International Trade. The surety company has failed to show either defense or economic prejudice in arguing that the case should be dismissed since it was filed beyond the statute of limitations to collect the duties under the bond, the U.S. said (United States v. American Home Assurance Company, CIT #20-00175).
The following lawsuit was recently filed at the Court of International Trade:
The fact that the Commerce Department verified non-use of China's Export Buyer's Credit Program in two administrative proceedings speaks to the validity of its verification process, the U.S. said in a Sept. 28 reply brief at the Court of International Trade. Asking the trade court to uphold its use of adverse facts available for countervailing duty respondents' failure to submit full questionnaire responses issued on remand over the EBCP, the government argued that the fact that it verified non-use administratively in other cases shows the need for the requested information (Dalian Meisen Woodworking Co. v. United States, CIT #20-00110).
Exporter Jin Tiong Electrical Materials Manufacturer failed to timely submit a separate rate application by the applicable deadline, making it ineligible to rebut the presumption of Chinese government control and get a separate rate, the U.S. argued in a Sept. 28 reply brief at the Court of International Trade. Jin Tiong is not absolved from having missed the deadline by a wrongly filed, then later rescinded, questionnaire sent to the exporter by the Commerce Department, the brief said (Repwire v. United States, CIT Consol. #22-00016).
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 week of Sept. 19-25:
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department properly found that importers Worldwide Door Components' and Columbia Aluminum Products' door thresholds qualify for the finished merchandise exclusion for the antidumping and countervailing duty orders on aluminum extrusions from China, the importers said in a pair of comments on Commerce's remand results. Submitting their arguments to the Court of International Trade, Worldwide and Columbia said that the trade court should uphold the agency's remand results excluding the thresholds from the orders (Worldwide Door Components v. U.S., CIT #19-00012) (Columbia Aluminum Products v. U.S., CIT #19-00013).