An individual who is challenging her failed customs broker test without a lawyer (see 2202170065) responded to DOJ's motion for a more definitive statement, in an April 14 brief at the Court of International Trade. The unusual filing responds to the U.S.'s request for a more clear legal claim by arguing that Brenda Smith, the executive assistant commissioner at CBP, made mistakes when responding to the plaintiff, Shuzhen Zhong, in her appeal of her customs broker test results. The case requests a review of the six questions that Zhong appealed to CBP in the test. Zhong took particular issue with CBP's getting both her address and gender wrong when returning the results of her appeal. In the filing, Zhong requested to be supplied with a pro bono lawyer (Shuzhen Zhong v. United States, CIT #22-00041).
Lithionics Battery and its founder and owner Steven Tartaglia violated the law by falsely claiming their battery and battery module products were made in the U.S., the Federal Trade Commission said in an April 12 complaint in a Florida district court. By doing so, the company and its founder violated the Made in the USA Labeling Rule, the complaint said (United States v. Lithionics Battery LLC, M.D. Fla. #8:22-00868). The case marks the first enforcement action under the agency's new labeling rules (see 2107010077), the agency said.
Companies have the right to judicially challenge an antidumping duty investigation's final determination even if it is subject to a suspension agreement, the U.S. Court of Appeals for the Federal Circuit said in a series of four opinions on April 14. The court issued the opinions together as they all pertain to the same antidumping investigation on Mexican tomatoes. While the appellate court sent the cases back establishing jurisdiction for the claims against the AD investigation's final determination, the court did dismiss some claims against the termination of a prior suspension agreement and the new suspension agreement.
The following lawsuits were recently filed at the Court of International Trade:
Lithionics Battery and its founder and owner Steven Tartaglia violated the law by falsely claiming their battery and battery module products were made in the U.S., the Federal Trade Commission said in an April 12 complaint in a Florida district court. By doing so, the company and its founder violated the Made in the USA Labeling Rule, the complaint said (United States v. Lithionics Battery LLC, M.D. Fla. #8:22-00868). The case marks the first enforcement action under the agency's new labeling rules (see 2107010077), the agency said.
The Commerce Department's decision not to grant exporter Ningbo Qixin a separate rate in an antidumping duty matter for not having any sales during the period of review "is logically inconsistent" since the agency is supposed to then rescind the antidumping review, the exporter told the U.S. Court of Appeals for the Federal Circuit in an April 12 opening brief. Ningbo Qixin also argued that the Court of International Trade improperly denied the appellant's motion to file new factual information out of time since "extenuating circumstances" warranted another shot to submit the information (Canadian Solar, et al. v. United States, Fed. Cir. #20-2162).
The following lawsuits were recently filed at the Court of International Trade:
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.
The following lawsuits were filed at the Court of International Trade during the week of April 4-10:
The following lawsuits were recently filed at the Court of International Trade: