Chief Judge Mark Barnett of the U.S. Court of International Trade signed an administrative order 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.
The Customs Rulings Online Search System (CROSS) was updated April 27 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’s failure to verify data submitted by an Indian exporter of forged steel fittings during an antidumping duty investigation conducted during the COVID-19 pandemic means the agency should be ordered to go back and reexamine the exporter’s zero rate, the petitioners from that investigation said in a brief filed April 26 seeking a Court of International Trade remand (Bonney Forge Corporation et al v. U.S., CIT # 20-03837).
Porsche Motorsports North America filed a motion for summary judgment in the Court of International Trade, hoping to sway the court that automobile repair tools and parts the company exported to Canada then brought back into the U.S. should return duty free. In the April 26 filing, Porsche argued for classification under Harmonized Tariff Schedule subheading 9801.00.85 -- the subheading granting duty-free access to goods returning to the states after having been exported for use temporarily abroad -- claiming the parts are “tools of the trade” of car racing.
Trade Law Daily is providing readers with some recent top stories. 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 Department of Justice on April 23 filed a motion to dismiss Root Sciences' Court of International Trade challenge of CBP's seizure of a shipment of a cannabis crude extract recovery machine. DOJ says that CIT lacks the jurisdiction to adjudicate challenges to CBP's seizure of goods, and the relevant federal district court is the proper venue to challenge seizures.
Cases brought in the Court of International Trade that seek to challenge denied protests over granted exclusions to the Section 301 tariffs may eventually result in refunds for duties paid on excluded products, Ted Murphy of Sidley Austin said in an April 26 blog post. CBP is now “making its way through the incredible number of post-summary corrections and protests that were filed claiming refunds of Section 301 duties based on approved exclusions,” he said. “While most clients have had most of their refund requests approved, a handful of requests have been denied by CBP with limited explanation. Following up on the denials has not always produced satisfying results. As a result, we are filling (and have been seeing other firms file) suits” at the CIT.
The government’s response is due May 14 to Akin Gump’s motion (in Pacer) Friday on behalf of Section 301 sample case plaintiffs HMTX Industries and Jasco Products for a “protective preliminary injunction” freezing the liquidation of unliquidated customs entries from China with Lists 3 and 4A tariff exposure, unless DOJ agrees to a stipulation that refund relief would be available to the importers if they prevail in the litigation (see 2104230059). Akin Gump asked for the opportunity to file a reply brief “no longer than half the length” of DOJ’s May 14 response and offered to voluntarily withdraw the motion if the government dropped its opposition and agreed to the refund stipulation.