The Court of International Trade on Aug. 6 dismissed importer Eteros Technologies USA's case against CBP's alleged retaliation for the importer's success in a previous CIT case concerning the admissibility of its marijuana trimmers. Judge Gary Katzmann said the court doesn't have subject-matter jurisdiction to hear the case, since it doesn't arise out of a "law of the United States providing for" trade-related action.
Court of International Trade Judge M. Miller Baker is requiring that any filings before him after Aug. 4 that use generative AI must include a "certification" disclosing that AI was used. Any submission in a case before Baker prepared with the assistance of an AI program "based on natural language prompts -- such as, but not limited to, ChatGPT or Google Bard -- must include a statement" that identifies the program used and the specific part of the text prepared with AI. Counsel also must submit a certification that no confidential information has been disclosed to the AI program. Baker is the second CIT judge to require such disclosure after former Judge Stephen Vaden implemented a similar disclosure requirement when he was on the bench.
The following lawsuits were filed at the Court of International Trade during the week of July 28 - Aug. 3.
The following lawsuits were filed recently at the Court of International Trade:
A total of 12 amicus briefs were filed at the U.S. Court of Appeals for the D.C. Circuit last week in conjunction with arguments from two importers challenging the legality of tariffs imposed under the International Emergency Economic Powers Act (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
The Commerce Department abused its discretion in rejecting a submission from respondent Tau-Ken Temir in a countervailing duty investigation, which was filed one hour and 41 minutes late, the U.S. Court of Appeals for the Federal Circuit held on Aug. 4. Judge Todd Hughes filed a dissent in the case, noting that he believes "Commerce has extensive authority to enforce its own deadlines."
The Commerce Department abused its discretion in rejecting exporter Jindal Poly Films' affiliate questionnaire response as untimely in the administrative review of the countervailing duty order on polyethylene terephthalate film, sheet and strip from India for the 2021 review period, the Court of International Trade held on Aug. 1. Judge Mark Barnett said Commerce failed to consider other factors in rejecting the submission, including the "early stage of the proceeding," the fact that Jindal was selected only after requests for review of all other companies were withdrawn and whether accuracy considerations outweighed the burden on Commerce.
The Court of International Trade on July 31 granted exporter Hindalco Industries' voluntary dismissal of its case on the 2022 administrative review of the countervailing duty order on common alloy aluminum sheet from India. Hindalco filed a complaint in the case in January, arguing that the Commerce Department wrongly found to be specific programs by which Hindalco had been provided bauxite mining rights and coal and bauxite by the government of India for less-than-adequate remuneration. Counsel for Hindalco didn't respond to a request for comment (see 2501130074) (Hindalco Industries v. United States, CIT # 24-00234).
The U.S. Court of Appeals for the Federal Circuit on July 30 granted the government's motion for an extension of time to file a reply brief in a case on whether the Commerce Department had adequate industry support to launch the antidumping duty investigations on oil country tubular goods from Argentina, Mexico, South Korea and Russia. However, the court said the motion is granted "to the limited extent that the United States’s response brief is due no later than" Aug. 4, noting that the reply brief is still due no later than Sept. 3 (Tenaris Bay City v. U.S., Fed. Cir. # 25-1382).
Two monosodium glutamate (MSG) importers told the Court of International Trade in a July 30 complaint that the Commerce Department unlawfully subjected MSG entries from Malaysia that used Chinese glutamic acid to the antidumping duty order on MSG from China retroactively (CPF Legacy v. United States, CIT # 25-00149).