Seko Customs Brokerage on Aug. 22 opposed the government's bid to get more time to file a brief in support of its motion to dismiss Seko's case against the company's removal from the Entry Type 86 pilot and Customs-Trade Partnership Against Terrorism programs. The customs broker said the U.S. failed to show good cause why it should get more time to file the brief (Seko Customs Brokerage v. U.S., CIT # 24-00097).
Washington, D.C., can proceed with its price-fixing antitrust claim against Amazon, the District of Columbia Court of Appeals ruled Thursday. The ruling reversed a trial court’s dismissal of the case (docket 22-CV-0657). The district's then Attorney General Karl Racine (D) filed the lawsuit in 2021, claiming Amazon used “restrictive contract provisions and agreements” to fix prices across the internet and prevent third-party sellers from lowering prices on other websites. In 2022, the Superior Court of the District of Columbia sided with Amazon, dismissing the case without providing specific reasons. The AG’s office described the dismissal as a “confusing oral ruling” that misapplied antitrust law. District officials claimed the trial court misconstrued aspects of a “restraint-of-trade claim” and “failed to accept the ... factual allegations as true,” according to the filing. In an opinion for the appeals court, Associate Judge Corinne Ann Beckwith wrote, “We hold that the District alleged sufficient facts to survive the motion to dismiss and therefore reverse the judgment of the Superior Court.” AG Brian Schwalb (D) said Thursday: “We will continue fighting to stop Amazon’s unfair and unlawful practices that have raised prices for District consumers and stifled innovation and choice across online retail.” Amazon, in a statement Thursday, said it disagrees with the city’s claims and looks forward to “presenting facts in court that demonstrate how good these policies are for consumers.” Amazon doesn’t “highlight or promote offers that are not competitively priced,” it said. “It’s part of our commitment to featuring low prices to earn and maintain customer trust, which we believe is the right decision for both consumers and sellers in the long run.”
The following lawsuit was recently filed at the Court of International Trade:
Importer Seneca Foods Corp. filed a notice of supplemental authority at the Court of International Trade on Aug. 21, claiming that a recent Section 232 exclusion request denial from the Commerce Department is relevant to the resolution of its case (Seneca Foods Corp. v. U.S., CIT # 22-00243).
U.S. importer CME Acquisitions argued that the U.S. Court of Appeals for the Federal Circuit's recent decision in PrimeSource Building Products v. U.S. didn't overrule the appellate court's decision in Yangzhou Bestpak Gifts & Crafts Co. v. U.S. regarding how the Commerce Department sets the non-selected respondents' antidumping duty rate (CME Acquisitions v. United States, CIT # 24-00032).
The following lawsuit was recently filed at the Court of International Trade:
After a four-times-remanded case from 2017 reached a conclusion in the Court of International Trade and went to appeal at the U.S. Court of Appeals for the Federal Circuit, the U.S. and a petitioner filed opening briefs Aug. 16 defending the trade court's final decision (AG Der Dillinger Huttenwerke v. U.S., Fed. Cir. # 24-1498).
The Court of International Trade on Aug. 21 allowed the U.S. to serve German paper exporter Koehler through its U.S. counsel in a suit seeking over $193 million in unpaid antidumping duties and interest from the company. Judge Gary Katzmann said the court's rules allow for such service and that this type of service doesn't disturb international comity or Koehler's due process rights.
No lawsuits were recently filed at the Court of International Trade.
The following lawsuits were filed at the Court of International Trade during the week of Aug. 12-18: