The Office of the U.S. Trade Representative “properly exercised its authority” under the Section 307 modification provisions of the 1974 Trade Act when it ordered the imposition of the Lists 3 and 4A Section 301 tariffs on Chinese imports, the U.S. Court of International Trade ruled Friday. Test-case plaintiffs HMTX Industries and Jasco Products, plus the more than 3,600 complaints that followed, sought to vacate the tariffs on grounds that Lists 3 and 4A were unlawful without USTR launching a new Section 301 investigation tat formed the legal basis of the Lists 1 and 2 tariffs.
There is no error in the Commerce Department's liquidation instructions, so importer MS Solar's lawsuit under Section 1581(i), the Court of International Trade's "residual" jurisdiction, should be dismissed, the U.S. said in a March 30 reply brief backing its motion to dismiss. Instead, the case should have been filed under Section 1581(c) to contest the antidumping duty review itself, the brief said (MS Solar Investments v. United States, CIT #21-00303).
Decisions by a single port of entry cannot act as the basis for claims of an established treatment nationally by CBP for customs purposes, DOJ told the Court of International Trade in a brief filed March 29. In a tariff classification challenge brought by Kent International related to bicycle seats, DOJ said CBP New York/Newark's granting of protests doesn't establish a treatment that required notice and comment before CBP Long Beach classified the bicycle seats in a different subheading (Kent International Inc. v. United States, CIT #15-00135).
The Office of the U.S. Trade Representative “properly exercised its authority” under the Section 307 modification provisions of the 1974 Trade Act when it ordered the imposition of the lists 3 and 4A Section 301 tariffs on Chinese imports, the Court of International Trade ruled in an April 1 opinion. Test-case plaintiffs HMTX Industries and Jasco Products, plus the more than 3,600 complaints that followed, sought to vacate the tariffs on grounds that lists 3 and 4A were unlawful without USTR launching a new Section 301 investigation.
The following lawsuits were recently filed at the Court of International Trade:
Taiwanese corrosion-resistant steel products exporters Yieh Phui Enterprise Co. and Prospeity Tieh signed off on the Commerce Department's remand results in an antidumping duty matter at the Court of International Trade. On remand, Commerce reversed its decision to collapse mandatory respondents Yieh Phui and Synn Industrial Co. with one of their affiliates, Propserity Tieh Enterprise Co., in a bid to bring its stance in line with the U.S. Court of Appeals for the Federal Circuit. "It is our position that the Department’s decision on the collapsing issue made in the Remand Results is in line with the [Federal Circuit's] decision," Yieh Phui's comments said (Prosperity Tieh Enterprise Co., Ltd. v. United States, CIT Consol. #16-00138).
The following lawsuits were recently filed at the Court of International Trade:
Washington-based importer Keirton USA isn't permitted to import drug paraphernalia since Washington state law doesn't expressly authorize the possession of such items, the U.S. told the Court of International Trade in a March 28 cross-motion for judgment. If the state's current laws did authorize possession of drug paraphernalia, then the mere absence of criminal liability -- the situation in Washington -- would consume the whole statute federally outlawing possession of drug paraphernalia, DOJ said (Keirton USA, Inc. v. United States, CIT #21-00452).
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The following lawsuits were recently filed at the Court of International Trade: