The Court of International Trade's newest judge, Stephen Vaden, issued his first opinion with the court on April 21, dismissing tire importer Strategic Import Supply's challenge of CBP's assessment of countervailing duties on its imports of passenger vehicle and light truck tires from China. Vaden found that the importer's protest was filed too late, holding the 180-day deadline for protests runs from the date of liquidation, rather than the date CBP received updated assessment instructions from Commerce after Commerce amended rates set in the relevant CV duty administrative review.
The following lawsuits were recently filed at the Court of International Trade:
Following a Court of International Trade opinion that appeared to question first sale import valuations from non-market economies, the court's observations may not be as disruptive as they first appear, KPMG said in an April 19 analysis. The judge's questioning of whether first sale could be used on non-market economies was non-binding and an issue only lightly explored at the agency level and during litigation, the firm said.
The Department of Justice continued to raise jurisdictional issues in support for a motion to dismiss a challenge from steel exporter Voestalpine USA and importer Bilstein Cold Rolled Steel seeking a refund of Section 232 duties paid on steel entries in the Court of International Trade. In an April 19 filing, the DOJ challenged the jurisdiction of Voestalpine and Bilstein's challenge while pointing out that the plaintiffs are not entitled to a refund on the duties paid since they forgot to complete one key step in the tariff exclusion process -- alerting CBP that the Commerce Department issued an exclusion in the first place.
The following lawsuits were filed at the Court of International Trade during the week of April 12-18:
The three-judge panel in the Section 301 litigation before the U.S. Court of International Trade scheduled an April 26 status conference for 9:30 a.m. EDT, said an order signed Thursday. The conference is an apparent try to hammer out a compromise between plaintiffs and defendants over the disputed refund relief issue for importers seeking to have the Lists 3 and 4A tariffs vacated. Broad disagreement separates the HMTX-Jasco plaintiffs in the sample case from the government over whether importers who prevail on the merits of the massive litigation would be entitled to tariff refunds on customs entries whose liquidations are final, according to a joint status report filed April 12 with the court (see 2104130025). The impasse had HMTX-Jasco attorneys from Akin Gump warning they would move April 22 for a declaratory judgment that the court has the authority to order refunds of liquidated entries if the plaintiffs win. They alternatively threatened to seek a court injunction to suspend liquidations on all goods from China with Lists 3 and 4A tariff exposure until the litigation is resolved. Scheduling the status conference for four days after the Akin Gump deadline suggests those motions are now on hold, pending the outcome of the conference. Akin Gump and DOJ didn’t comment Friday.
The three-judge panel in the Section 301 litigation before the U.S. Court of International Trade scheduled an April 26 status conference for 9:30 a.m. EDT, an order signed Thursday said. The conference is an apparent try at hammering out a compromise between plaintiffs and defendants over the disputed refund relief issue for importers seeking to have the lists 3 and 4A tariffs vacated. Broad disagreement separates the HMTX-Jasco plaintiffs in the sample case from the government over whether importers who prevail on the merits of the massive litigation would be entitled to tariff refunds on customs entries whose liquidations are final, according to a joint status report filed April 12 with the court (see 2104130036). The impasse had HMTX-Jasco attorneys from Akin Gump warning they would move April 22 for a declaratory judgment that the court has the authority to order refunds of liquidated entries if the plaintiffs win. They alternatively threatened to seek a court injunction to suspend liquidations on all goods from China with lists 3 and 4A tariff exposure until the litigation is resolved. Scheduling the status conference for four days after the Akin Gump deadline suggests those motions are now on hold, pending the outcome of the conference. Akin Gump and DOJ didn’t comment Friday.
The briefing schedule in the massive Section 301 litigation inundating the U.S. Court of International Trade will end Nov. 15, said an order (in Pacer) signed Tuesday by the three-judge panel of Mark Barnett, Claire Kelly and Jennifer Choe-Groves. It was a small victory for Akin Gump lawyers representing sample case plaintiffs HMTX Industries and Jasco Products, who asked in their joint status report Monday for that deadline (see 2104130025). DOJ wanted a Dec. 23 deadline, saying it feared attorneys in the 3,700 stayed cases would file a large volume of amicus briefs that the government would need time to respond to. “The court does not anticipate extending these deadlines absent extraordinary circumstances, which may include an exceptionally large number of amicus briefs presenting distinct arguments,” said Tuesday’s order. The court will contact Akin Gump and DOJ about scheduling a status conference to discuss their disagreements over refunding importers for liquidated customs entries if they win the litigation. Akin Gump warned Monday it would seek declaratory judgment April 22 that the court has the authority to order refunds or would move for an injunction suspending liquidations until the litigation is resolved. All the complaints filed since September allege the List 3 and 4A tariffs on Chinese goods are unlawful because they violate the 1974 Trade Act and 1946 Administrative Procedure Act. The first date on the briefing schedule is for DOJ’s April 30 filing of an administrative record index in the case. That’s a summary of documents and materials in the government’s possession that helped inform its List 3 and 4A tariff decisions. Amicus briefs from the lawyers in the stayed cases are due Aug. 9, and DOJ’s responses are due Oct. 1.
The briefing schedule in the massive Section 301 litigation inundating the U.S. Court of International Trade will end Nov. 15, said an order signed April 13 by the three-judge panel of Mark Barnett, Claire Kelly and Jennifer Choe-Groves. It was a small victory for Akin Gump lawyers for sample case plaintiffs HMTX Industries and Jasco Products, which had asked in their joint status report April 12 for the Nov. 15 deadline (see 2104130036). The Department of Justice wanted a Dec. 23 deadline, saying it feared attorneys in the 3,700 stayed cases would file a large volume of amicus briefs that the government would need time to respond to.
Broad disagreement separates the HMTX-Jasco plaintiffs from the government over whether importers who prevail on the merits of the massive Section 301 litigation would be entitled to tariff refunds on customs entries whose liquidations are final, according to a joint status report (in Pacer) filed Monday with the U.S. Court of International Trade. The HMTX-Jasco first-filed complaint sparked a deluge of roughly 3,700 cases, all seeking to get the Section 301 List 3 and 4A tariffs vacated due to alleged violations of the 1974 Trade Act and 1946 Administrative Procedure Act.