The following lawsuits were recently filed at the Court of International Trade:
Garg Tube Export and Garg Tube Limited want proceedings in their Court of International Trade case stayed until another lawsuit, also filed by Garg Tube Export, is resolved, the plaintiffs said in an Aug. 5 motion. Since both cases concern the Commerce Department's finding of a particular market situation in India for the sale of welded carbon steel standard pipes and tubes, the similarity of the legal issues prompts a stay order, the plaintiffs said. Garg requested the stay in a case over the 2018-19 administrative review of the antidumping duty order on welded carbon steel standard pipes and tubes from India until the appeal is resolved for its case over the 2017-18 administrative review for the same goods. Doing so would "promote judicial efficiency," the exporter said (Garg Tube Export LLP et al. v. United States, CIT #21-00169).
The Aug. 9 deadline has arrived for Section 301 plaintiffs and the government to deliver to the Court of International Trade a joint status report on how the sides are progressing to resolve their disagreements over proposed rules to create a CBP repository for importers to request suspended liquidation of customs entries from China with lists 3 and 4A tariff exposure. The court’s July 6 preliminary injunction order freezing the status of unliquidated entries instructed CBP to have the repository up and running by July 20, but two postponements amid all the disagreements have pushed the deadline back by a month. Chief Judge Mark Barnett used the court’s status conference Aug. 2 to urge the sides to seek the “middle ground” (see 2108020029).
CBP's proposed use of Part 102 marking rules to determine the country of origin for nonpreferential claims and procurement under USMCA (see 2107010045) should be made optional for importers or withdrawn by the agency, Cisco and the Computing Technology Industry Association (CompTIA) said in comments recently filed in the docket. While CBP says the use of tariff shift rules should result in the same origin finding as the alternative “case-by-case” review, “in practice there are cases where the two methods yield different origin determinations,” CompTIA said in its comments. “This is particularly the case with technology products where programming or software can have an impact on substantial transformation. The Part 102 rules consider only a tariff shift of hardware components and ignore any impact of programming and software on substantial transformation.”
Aluminum extrusion producer Kingtom Aluminio requested to intervene in a Court of International Trade case over an antidumping duty evasion investigation that found it transshipped aluminum extrusions from China through the Dominican Republic to skirt the duties. A previous request was denied by Judge Richard Eaton (see 2106210059). Undeterred, Kingtom filed a motion for reconsideration in the court. Eaton permitted the producer on Aug. 5 to support its motion with an affidavit by individuals who can speak to Kingtom's interests in the case along with a brief, with a maximum of 10 pages, to explain how this affidavit satisfies the requirement for intervention (Global Aluminum Distributor LLC v. United States, CIT #21-00198).
India's Directorate General of Foreign Trade is creating an online procedure for the filing and transfer of export obligations from an original company to a new one in the case of an amalgamation, “de-merger,” acquisition or insolvency, the DGFT said in an Aug. 4 notice. The original company is required to follow a procedure to transfer any advance authorizations and Export Promotion Capital Goods authorizations to the new one. The notice lays out the steps a company must take for filing.
The following lawsuits were recently filed at the Court of International Trade:
A Court of International Trade case over importer Greenlight Organic's alleged fraud in misclassifying its knit garments should be dropped since the statute of limitations ran out, Greenlight said in an Aug. 3 brief. After the court ruled in 2018 that the statute of limitations had some lingering questions, Greenlight said it has procured enough evidence for the court to now rule in its favor and that the U.S.'s fraud case is effectively time barred (United States v. Greenlight Organic, Inc. et al., CIT #17-00031).
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department permissibly relied on total adverse facts available in an antidumping case in light of the Court of International Trade's orders, the Department of Justice argued in July 30 final comments on Commerce's remand results. The respondent, Hung Vuong Group, attempted to submit new factual information in the case before the remand was filed, but no such authority exists for this submission to be accepted, DOJ said (Hung Vuong Corp., et al. v. United States, CIT #19-00055).