Requiring a CBP protest to obtain a refund under exclusions from Section 301 tariffs usurps the authority of the Office of the U.S. Trade Representative and unlawfully hands it over to CBP, importers ARP Materials and Harrison Steel Castings argued at the U.S. Court of Appeals for the Federal Circuit (ARP Materials, Inc., et al. v. United States, Fed. Cir. #21-2176).
The following lawsuits were filed at the Court of International Trade during the week of Sept. 20-26:
The Customs Rulings Online Search System (CROSS) was updated Sept. 24 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department released a final rule making extensive changes to its antidumping and countervailing duty regulations, including on scope and anti-circumvention inquiries. Currently scheduled for publication Sept. 20, the final rule is intended to “strengthen the administration and enforcement of AD/CVD laws, make such administration and enforcement more efficient, and to create new enforcement tools for Commerce to address circumvention and evasion of trade remedies.”
The following lawsuits were recently filed at the Court of International Trade:
The Labor Department's decision to continue to find that a unionized group of former AT&T call center employees are not entitled to trade adjustment assistance for outsourced jobs gives a "half-baked analysis" of the situation, the workers said in a Sept. 20 filing at the Court of International Trade. The plaintiffs accused the agency of failing to ever fully grapple with contradicting evidence on the record in its remand results (Communications Workers of America Local 4123, on behalf of Former Employees of AT&T Services, Inc. v. United States Secretary of Labor, CIT #20-00075).
A company challenging CBP's finding that it evaded antidumping and countervailing duties on xanthan gum should have its lawsuit tossed because it failed to appeal CBP's denial of its protest on the relevant entries, even though the importer filed its case under CIT's Section 1581(c) jurisdiction, which covers AD/CVD proceedings, the Department of Justice said in a Sept. 22 reply brief at the Court of International Trade (All One God Faith, Inc., et al. v. United States, CIT #20-00164).
More than 190 solar companies sent a letter Sept. 22 to Commerce Secretary Gina Raimondo urging the rejection of requests to begin anti-circumvention inquiries on solar cells and panels from Malaysia, Thailand and Vietnam. “Steep duties proposed by an anonymous group of petitioners would devastate thousands of U.S. solar companies and cause the industry to miss out on 18 gigawatts (GW) of solar deployment by 2023,” the Solar Energy Industries Association said in a press release.
The following lawsuits were recently filed at the Court of International Trade: