The Court of International Trade should deny the U.S.'s motion to dismiss a case from Wheatland Tube Co. seeking to compel CBP to respond to requests for information and a tariff classification ruling, Wheatland said in a March 9 reply brief. DOJ had said the trade court should toss the case, in part, since it already responded to the RFI and petition for a tariff classification. Wheatland disagreed, arguing that CBP's limited response failed to meet the requirements of Section 1516 which mandates that CBP "furnish the classification and the rate of duty imposed upon designated imported merchandise" (Wheatland Tube Company v. United States, CIT #22-00004).
Exporter China Customs Manufacturing's solar panel mount assemblies are "fully and completely assembled" at the time they're imported, thus qualifying for a finished merchandise exclusion from the antidumping duty and countervailing duty orders on aluminum extrusions from China, CCM argued. Filing its opening brief at the U.S. Court of Appeals for the Federal Circuit on March 8, CCM, along with Greentec Engineering, argued that the record shows that the solar panel mount assemblies satisfy each of the requirements for the exclusion, including being fully assembled at the time of entry (China Custom Manufacturing v. United States, Fed. Cir. #22-1345).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should deny Chinese exporter Jangho Group's bid for a rehearing in a countervailing duty case filed to contest Commerce's alleged failure to address the company's alternative arguments, the U.S. said in a March 9 reply brief. Jangho last raised the "long gone" arguments in 2019, and failed to raise its alternative arguments in its post-remand brief, meaning they are "waived" and thus not eligible for further litigation, DOJ argued (Taizhou United Imp. & Exp. Co. v. United States, CIT Consol. #16-00009).
The Court of International Trade granted steel importer North American Interpipe refunds on Section 232 steel and aluminum duties it paid following court mediation over the company's challenge to the U.S.'s denials of NAI's exclusion requests from the tariffs. Per the public stipulated judgment on agreed-upon fact, Judge M. Miller Baker penned an order which declares that NAI may not appeal (North American Interpipe v. United States, CIT #20-03825).
The following lawsuits were filed at the Court of International Trade during the week of Feb. 28 - March 6:
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department properly decided not to consider off-peak electricity sold for less than adequate remuneration in a countervailing duty administrative review, DOJ said in a March 7 brief at the Court of International Trade. Responding to a motion for judgment from petitioner Nucor Corporation, DOJ said that Nucor's arguments merely dispute how Commerce weighed the evidence alleging that the provision of off-peak electricity for LTAR was a countervailable subsidy (Nucor Corporation v. United States, CIT #21-00182).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade stayed the deadline for DOJ's response to an amicus brief filed by the American Apparel and Footwear Association in a lawsuit on a seized shipment of palm oil over forced labor concerns. The palm oil shipment was entered by importer Virtus Nutrition and was excluded from entry by CBP over suspicions that the goods were made in Malaysia by forced labor (Virtus Nutrition v. United States, CIT #21-00165).