The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department's Bureau of Industry and Security granted importer CPW America Co.'s bid for exclusions from paying Section 232 steel and aluminum tariffs following a remand order from the Court of International Trade. In a Feb. 23 submission, BIS said that there was not sufficient domestic U.S. capacity of line pipe to justify rejecting CPW's exclusion requests (CPW America Co. v. United States, CIT #21-00335).
Neither importer Cyber Power Systems (USA) Inc. nor the U.S. succeeded in persuading the Court of International Trade that their side was right in a tiff over the country of origin for shipments of uninterruptible power supplies and a surge voltage protector. Judge Leo Gordon, in a Feb. 24 order, denied both parties' motions for judgment, ordering the litigants to pick dates on which to set up a trial.
The following lawsuits were recently filed at the Court of International Trade:
The U.S. District Court for the Southern District of Texas dismissed a case brought by Indian steel company JSW Steel that alleged a conspiracy by four U.S. steel companies to engage in a boycott of JSW via the U.S.'s Section 232 national security tariffs. In the Feb. 17 order, Judge Keith Ellison said that JSW "failed to plausibly allege a conspiracy" regarding the defendant, and didn't sufficiently allege that the defendants knew any specific information about the company's business prospects (JSW Steel (USA) v. Nucor Corp., S.D. Texas #21-01842).
Neither importer Cyber Power Systems (USA) Inc. nor the U.S. succeeded in persuading the Court of International Trade that their side was right in a tiff over the country of origin for shipments of uninterruptible power supplies and a surge voltage protector. Judge Leo Gordon, in a Feb. 24 order, denied both parties' motions for judgment, ordering the litigants to pick dates on which to set up a trial.
The Court of International Trade denied Wheatland Tube Company's bid for a preliminary injunction in a case seeking to compel CBP to respond to requests for information and a tariff classification ruling relating to Section 232 evasion since Wheatland has not shown a likelihood to succeed on the merits. CBP already responded to Wheatland's requests, so the plaintiff has not shown how it could succeed in the case, Judge Timothy Stanceu said.
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department improperly withdrew a questionnaire issued to an antidumping duty and countervailing duty respondent, Repwire and Jin Tiong said in a pair of identical complaints filed Feb. 21 at the Court of International Trade. Commerce's subsequent refusal to accept Jin Tiong's questionnaire responses led the agency to then illegally apply an adverse facts available rate, the companies said (Repwire v. United States, CIT #22-00016) (Jin Tiong Electrical Materials Manufacturer v. United States, CIT #22-00023).
The EU filed a case at the World Trade Organization over China's restrictions on EU companies seeking redress in foreign courts over patent infringements, the European Commission said. The commission alleged egregious violations of EU patent protections on key technologies such as 5G by Chinese mobile phone manufacturers. If a company goes to a foreign court seeking to stop this patent infringement, the firm will face "significant fines in China," putting pressure on the company to settle for artificially low licensing fees, the commission said. The EU said China also uses "anti-suit injunctions" to prevent EU firms from protecting their patents.