Importer MTD Products dropped its case at the Court of International Trade seeking exclusions from Section 301 China tariffs on its spark-ignition reciprocating or rotary internal combustion piston engines. The company filed a complaint in June, claiming that the Office of the U.S. Trade Representative established exclusions for engines of its type classified under Harmonized Tariff Schedule subheadings 8407.90.1020 and 8407.90.1010 (see 2406060034). Counsel for the importer didn't respond to a request for comment (MTD Products v. United States, CIT # 22-00174).
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The Court of International Trade on Nov. 14 dismissed petitioner Aloha Pencil Co.'s case challenging the Commerce Department's recission of the review of the antidumping duty order on cased pencils from China, covering entries in 2022-23. The court noted that Aloha Pencil failed to timely file a complaint. Counsel for the company didn't respond to request for comment (Aloha Pencil Co. v. U.S., CIT # 24-00192).
DETROIT -- Cindy Allen, owner of consultancy firm Trade Force Multiplier, said she believes some of the initiatives in the 21st Century Customs Framework bills are useful -- such as simplifying CBP's process for seizures -- but that overall, the focus is too heavy on enforcement.
The following lawsuit was recently filed at the Court of International Trade:
A U.S. mattress importer on Nov. 12 opposed the government’s motion to dismiss its challenge to the International Trade Commission’s critical circumstances determination on mattresses from Burma, saying that its questionnaire response in the ITC’s investigation was enough to give it standing at the Court of International Trade (Pay Less Here v. U.S., CIT # 24-00152).
The U.S. brief opposing exporter Koehler Oberkirch GmbH's petition for mandamus relief on the question of whether the government properly served the exporter relies on "case law of other circuits" and not the U.S. Court of Appeals for the Federal Circuit, Koehler argued. Filing a response brief on Nov. 12, the exporter said the "law of other jurisdictions does not determine legal error or a clear abuse of discretion in this Circuit" (In Re Koehler Oberkirch GmbH, Fed. Cir. # 25-106).
Exporter Hoshine Silicon (Jia Xiang) Industry Co. has no statutory or constitutional standing to challenge CBP's issuance of or refusal to modify the withhold release order on silica-based products made by its parent company Hoshine Silicon or its subsidiaries, the U.S. argued. Filing a reply brief at the Court of International Trade on Nov. 8, the government said Hoshine offered an incorrect "zone of interests" analysis to bolster its claim of statutory standing (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
Foreign investment lawyers aren’t expecting a big change in how the Committee on Foreign Investment in the U.S. operates under a second Trump administration, although a new round of tariffs against China and the continued easing of export restrictions among close U.S. allies could change the investment landscape and the number of filings submitted to CFIUS.
The following lawsuit was recently filed at the Court of International Trade: