The following lawsuits were filed at the Court of International Trade during the week of Oct. 28 - Nov. 3:
A recent Court of International Trade decision is relevant to settle whether the Drug Enforcement Administration is vested with the authority to make admissibility decisions on imports, importer Unichem Enterprises told the trade court on Nov. 1. Filing a notice of supplemental authority, Unichem said the decision, Inspired Ventures v. U.S., also will help resolve whether CBP "usurps the Court's authority when it seizes merchandise for forfeiture that is within the Court's jurisdiction" (UniChem Enterprises v. United States, CIT # 24-00033).
The following lawsuit was recently filed at the Court of International Trade:
Republican presidential nominee Donald Trump on Thursday filed a $10 billion lawsuit complaint against CBS that quotes FCC Commissioners Brendan Carr and Nathan Simington supporting allegations that the network deceived its audience when it edited an answer in an interview with Vice President Kamala Harris, the Democrats' presidential nominee. Meanwhile, former FCC Chairman Tom Wheeler on Friday said a future FCC chair in a second Trump administration would likely face considerable pressure to act against media outlets. During a Center for American Progress webinar, Wheeler said a Trump appointee could encounter a situation that no FCC chairman has "faced in the 90-year history of the commission.”
The U.S. once again filed a motion to dismiss a case brought by an aluminum rod importer that alleged the Commerce Department had denied a Section 232 tariff exclusion request by pointing to promises made by the importer’s domestic competitor. The U.S. called most of the importer’s claims untimely and unactionable (Prysmian Cables and Systems USA v. U.S., CIT # 24-00101).
Importer Tingley Rubber Corp. told the Court of International Trade that its latex rubber boot savers should be classified under Harmonized Tariff Schedule subheading 6401.99.30, dutiable at 25%, and not under subheading 6401.92.9000, dutiable at 37.5%. The company filed a complaint on Oct. 31 after initially filing its case in 2020. The company said CBP issued a HQ ruling in 2019 confirming that its boot savers properly fit under subheading 6401.99.30. Tingley's preferred subheading covers footwear that covers the knee and is designed for use without closures. Meanwhile, subheading 6401.92.90 covers other footwear that covers the ankle but not the knee (Tingley Rubber Corp. v. United States, CIT # 20-03711).
Responding to a June 20 motion for judgment by an importer of mineral-based countertops, the U.S. said Oct. 28 that the importer’s products were covered by antidumping and countervailing duties on quartz surface products from China that the importer was allegedly attempting to evade (Vanguard Trading Co. v. U.S., CIT # 23-00253).
The following lawsuits were recently filed at the Court of International Trade:
In response to a motion for judgment filed by an importer of Mexican rail couplers, the U.S. and a petitioner each said Oct. 25 that the Commerce Department doesn't have to consider conflict of interest claims in antidumping duty investigations. The importer brought a conflict of interest suit against the petitioner in an AD investigation, saying that the petitioner relied on evidence from an attorney it itself had once hired (see 2407160060) (Amsted Rail Co. v. U.S., CIT # 23-00242).
A new proposed rule from the Census Bureau could change how the agency regulates in-transit shipments that travel through the U.S. from foreign countries before being exported to another foreign destination.