CEDIA Expo owner Emerald Holding had an 87% revenue drop to $12.9 million in Q1 on continued impact from COVID-19, said the company Friday. Net loss narrowed to $15.3 million from $570.1 million. The trade show company canceled 13 of 14 shows in Q1.
The Court of International Trade remanded an antidumping case to the Commerce Department, finding that the agency's determination that wood flooring importer Jilin Forest Industry Jinqiao Flooring Group Co. was de facto controlled by the Chinese government lacked substantial evidence. Judge Richard Eaton, in the April 29 opinion, also found that Commerce's application of its non-market economy policy to Jilin did not clear the proper evidentiary standard, launching into an elongated discussion of the policy's original intent.
A company must be able to prove that prices weren't distorted for transactions involving non-market economies (NMEs) when claiming first sale treatment, the Department of Justice said in an April 29 Court of International Trade filing (Imperia Trading, Inc. v. U.S., CIT # 15-00142). DOJ's argument relies on a recent CIT decision involving imported Meyer cookware that said the involvement of Chinese companies made it difficult to determine whether a transaction is affected by non-market influence (see 2104200075). DOJ made the filing as part of a dispute over whether Imperia Trading, an importer of apparel made in China, can use the sale from a Hong Kong middleman company for appraisement.
Chief Judge Mark Barnett of the U.S. Court of International Trade signed an administrative order Wednesday that will automatically stay any new complaints filed in the massive Section 301 litigation before they can be assigned to the three-judge panel he shares with Judges Claire Kelly and Jennifer Choe-Groves. Any lawyer seeking to lift the stay of a new Section 301 case must first consult with the plaintiffs' steering committee at least three days before filing a motion and must show "good cause" for the exemption, said the order. The court expects to determine the "appropriate next steps" for dealing with the new cases after the first-filed HMTX-Jasco sample case is resolved, it said. Barnett told Monday's status conference that he has been "monitoring the ongoing trickle of additional 301 cases.” Though the court has continued assigning the new cases to the three-judge panel, and all the cases have been stayed until HMTX-Jasco is resolved, “I do worry about the possibility, at least, of some future case creating a conflict that could require one or more of us to have to recuse,” he said of himself and fellow panel members. New Section 301 complaints continue coming in at the rate of about one a day. All the roughly 3,700 cases allege the List 3 and 4A tariffs on Chinese goods are unlawful and should be refunded. The 34-minute status conference was largely procedural and dispatched with a number of what Barnett called "housekeeping items." It was convened amid DOJ’s opposition to the refund relief importers seek, if they prevail in the litigation, on liquidated customs entries from China with List 3 and 4A tariff exposure (see 2104250002). HMTX-Jasco attorneys from Akin Gump seek a “protective” injunction to freeze unliquidated imports from being liquidated. DOJ’s response to the injunction motion is due May 14.
Chief Judge Mark Barnett of the U.S. Court of International Trade signed an administrative order Wednesday that will automatically stay any new complaints filed in the massive Section 301 litigation before they can be assigned to the three-judge panel he shares with Judges Claire Kelly and Jennifer Choe-Groves. Any lawyer seeking to lift the stay of a new Section 301 case must first consult with the plaintiffs' steering committee at least three days before filing a motion and must show "good cause" for the exemption, said the order. The court expects to determine the "appropriate next steps" for dealing with the new cases after the first-filed HMTX-Jasco sample case is resolved, it said. Barnett told Monday's status conference that he has been "monitoring the ongoing trickle of additional 301 cases.” Though the court has continued assigning the new cases to the three-judge panel, and all the cases have been stayed until HMTX-Jasco is resolved, “I do worry about the possibility, at least, of some future case creating a conflict that could require one or more of us to have to recuse,” he said of himself and fellow panel members. New Section 301 complaints continue coming in at the rate of about one a day. All the roughly 3,700 cases allege the List 3 and 4A tariffs on Chinese goods are unlawful and should be refunded. The 34-minute status conference was largely procedural and dispatched with a number of what Barnett called "housekeeping items." It was convened amid DOJ’s opposition to the refund relief importers seek, if they prevail in the litigation, on liquidated customs entries from China with List 3 and 4A tariff exposure (see 2104250002). HMTX-Jasco attorneys from Akin Gump seek a “protective” injunction to freeze unliquidated imports from being liquidated. DOJ’s response to the injunction motion is due May 14.
The following lawsuits were recently filed at the Court of International Trade:
Chief Judge Mark Barnett of the Court of International Trade signed an administrative order April 28 that will automatically stay any new complaints filed in the massive Section 301 litigation before they are assigned to the three-judge panel he shares with Judges Claire Kelly and Jennifer Choe-Groves. Any lawyer seeking to lift the stay of a new Section 301 case must first consult with the plaintiffs' steering committee at least three days before filing a motion and must show “good cause” for the exemption, the order said.
The following lawsuits were recently filed at the Court of International Trade:
An importer’s tariff classification challenge on machinery used in the recycling industry has been designated a test case, according to an order issued by the Court of International Trade April 28 (Vecoplan, LLC v. U.S., CIT # 20-00126). Filed by Vecoplan, the lawsuit challenges CBP’s classification of industrial size-reduction machinery, said the underlying consent motion to designate it as such. CBP had classified the merchandise under subheading 8479.89.9499 (other machine having an individual function, dutiable at 2.5%), while Vecoplan argues for classification under subheading 8479.82.0080 (crushing, grinding, screening, sifting, etc. machines, duty-free). Two other cases filed by Vecoplan seek the same result, and the importer has moved to suspend them under the new test case.
Five aluminum extrusion importers evaded antidumping and countervailing duties on goods from China by commingling shipments in the Dominican Republic, CBP said in a Jan. 28 determination notice posted by the agency April 27. The finding is a result of an investigation that began following a 2019 allegation from the Aluminum Extrusions Fair Trade Committee (AEFTC) that the companies were evading AD/CV orders A-570-967 and C-570-968. The importers are Florida Aluminum Extrusion, Classic Metals Supplies, Global Aluminum Inc., H&E Home, Industrias Feliciano Aluminum Inc. JL Trading Corp. and Puertas y Ventanas J.M., Inc.