Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Importer Root Sciences was denied on March 15 its motion for reconsideration of a Court of International Trade ruling that CBP's seizure of Root's imports precluded a deemed exclusion, stripping the court of jurisdiction over the case. Judge Gary Katzmann said that because the reconsideration motion "amounts to nothing more than a disagreement with the court’s reasoning on matters fully litigated, devoid of showing manifest error, it is insufficient to warrant reconsideration and is denied."
The following lawsuits were filed at the Court of International Trade during the week of March 7-13:
No lawsuits were recently filed at the Court of International Trade.
A nitrogen oxide sensor probe for diesel engines should be classified as an instrument of chemical analysis under Harmonized Tariff Schedule heading 9027, rather than an instrument of measurement under heading 9026, DOJ said in a brief filed March 8 at the Court of International Trade. DOJ argued that the probe's function falls within the definition of "chemical analysis" and that the sensor itself includes design features that meet plain language definitions of chemical analysis.
The Commerce Department's rejection of three U.S. chloropicrin producers' filing in an antidumping duty sunset review -- which resulted in the revocation of the nearly 40-year-old order on chloropicrin from China -- was a "marked abuse of discretion" given that the producers' lawyer was impaired with "medical and technical issues," plaintiff-appellants, led by Trinity Manufacturing, said in a March 14 opening brief at the U.S. Court of Appeals for the Federal Circuit (Trinity Manufacturing v. United States, Fed. Cir. #22-1329).
The International Trade Commission initiated a Section 337 investigation March 9 into barcode scanners and related devices with scanning capabilities (ITC Inv. No. 337-TA-1307). The investigation follows a Feb. 7 complaint (amended Feb. 25) by Zebra Technologies and Symbol Technologies (see 2202140017), alleging that Honeywell and its subsidiary Hand Held Products are importing barcode scanners, computers with barcode scanning capabilities, and scan engines that infringe on one of Zebra's and two of Symbol's patents. The complainants are seeking a limited exclusion order and cease and desist orders.
The following lawsuits were recently filed at the Court of International Trade:
CBP erred when making its finding that importer CEK Group evaded the antidumping duty order on steel wire garment hangers from China by transshipping them through Thailand, CEK said in a March 11 complaint at the Court of International Trade. Among other things, CEK alleged in its 12-count complaint that CBP failed to address all of the arguments raised by the importer, made its decision without substantial evidence of transshipment and improperly refused to grant CEK access to business confidential information in the case (CEK Group v. United States, CIT #22-00082).
The Court of International Trade remanded an antidumping duty evasion case, in a March 11 order for CBP to fully consider the record. The agency requested the remand after it found out plaintiff Norca Industrial Company was not privy to documents relating to a third-party's visit to a Vietnamese manufacturer's production site. Judge Jennifer Choe-Groves limited the remand to the issue of the whole record and not the other issues raised by Norca.