International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The following lawsuits were recently filed at the Court of International Trade:
The issue of whether a South Korean port usage rights program is countervailable is not moot just because the Commerce Department has now assigned a de minimis rate to the countervailing duty respondent, Hyundai Steel Co. argued in a Dec. 8 reply brief at the Court of International Trade. Rather, since Commerce can continue subjecting Hyundai to countervailing duty reviews based on this port usage rights program, the question is key for Hyundai, despite the fact that it is not being hit with CV duties this time around, the company said (Hyundai Steel Company v. United States, CIT #20-03799).
The Court of International Trade greenlighted the Department of Justice's second motion for an extension to file comments on the remand results in a Dec. 8 order submitted in a case over an antidumping scope ruling. Plaintiff-intervenor SIGMA Corporation opposed the bid, arguing that a further delay will prejudice it. SIGMA currently is wrapped up in parallel litigation in the U.S. District Court for the Central District of California, where the defendant-intervenor in the CIT case, Island Industries Inc., sued SIGMA and others, arguing that the companies violated the False Claims Act by not paying antidumping duties on their welded outlet imports. While a jury verdict has been entered, SIGMA is seeking a new trial since the verdict was "against the weight of the evidence," SIGMA said (Vandewater International Inc., et al. v. United States, CIT #18-00199).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade on Dec. 7 suspended liquidation of all unliquidated entries involved in a case challenging a decision by President Donald Trump to revoke a tariff exclusion granted to bifacial solar panels. The liquidation suspension comes after the trade court struck down the tariff exclusion withdrawal, finding it to be a clear misconstruction of the law since the relevant law only permits trade liberalizing alterations to existing safeguard measures (see 2111160032). After the ruling, the plaintiffs, led by the Solar Energy Industry Association, filed an unopposed motion for an order suspending liquidation, urging the court to halt liquidation until all appeals are final. Without such action from the court, it is possible that many of the subject entries will have liquidated and become final, the motion said (Solar Energy Industries Association, et al. v. United States, et al., CIT #20-03941).
The following lawsuits were filed at the Court of International Trade during the week of Nov. 29 - Dec. 5:
The Court of International Trade partially sided with solar cell importer Aireko Construction, instructing CBP to properly liquidate its entries in accordance with the Commerce Department's instructions, but ruled against Aireko by finding that the importer did not properly challenge the instructions themselves. In a Dec. 7 opinion, Judge Claire Kelly said that CBP needs to correct its error by applying antidumping and countervailing duty rates different from those listed in Commerce's instructions but that Aireko failed to launch a challenge under Section 1581(i) -- CIT's "residual" jurisdiction -- to challenge the instructions.
Surety company International Bond & Marine is responsible for over $730,000 in unpaid duties resulting from a diamond jewelry company's fraudulent import scheme, the Department of Justice alleged in a Dec. 6 complaint filed at the Court of International Trade. Due to the terms of the bond agreement between International Bond and the jewelry company, Anaya Gems, the surety must cover the unpaid duties that accrued as a result of Anaya Gems' efforts to undervalue its jewelry shipments and underpay customs duties owed, DOJ said (United States v. International Bond & Marine, Ltd., CIT #21-00611).
The following lawsuits were recently filed at the Court of International Trade: