All three 11th U.S. Circuit Court of Appeals judges hearing oral argument Wednesday on Gray Television’s appeal of a $518,000 FCC forfeiture order seemed skeptical of the agency’s rationale for the penalty amount but split on Gray’s arguments against the FCC’s authority over deals for TV station network affiliation.
The U.S. on May 13 moved to dismiss a lawsuit challenging CBP's exclusion of two rubber tire entries, claiming that CIT has no jurisdiction because the entries were excluded at the behest of the Transportation Department's National Highway Traffic Safety Administration (NHTSA). As a result, the exclusions were not protestable decisions made by CBP, so the Court of International Trade had no subject matter jurisdiction under Section 1581(a) (Inspired Ventures v. United States, CIT # 24-00062).
German paper exporters Koehler Oberkirch and Koehler Paper on May 13 opposed the government's bid to serve the companies' U.S.-based counsel in a separate case, claiming that the rules don't "permit such service." The exporters said service instead should be effectuated through diplomatic channels, as contemplated by the rules, as this would "respect international comity and due process principles" (U.S. v. Koehler Oberkirch GmbH, CIT # 24-00014).
The U.S. told the U.S. Court of Appeals for the Federal Circuit that the principle of stare decisis requires the appellate court to sustain the legality of the Commerce Department's non-market economy policy (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).
The following lawsuits were filed at the Court of International Trade during the week of May 6-12:
DOJ accidentally included confidential business and personal information for unrelated cases in an October filing due to a glitch in CBP's Automated Commercial Environment (ACE), the agency said May 10 in a letter to the Court of International Trade (Suprajit Controls v. U.S., CIT # 23-00181).
The Court of International Trade on May 13 entered default judgment against Chinese exporter Cherish Your Health Food Inc. in a customs penalty case. The U.S. brought the suit in October 2023 claiming that the company hadn't paid antidumping duties on five fresh garlic entries imported in 2018-20 (United States v. Cherish Your Health Food, CIT # 23-00230).
The following lawsuits were recently filed at the Court of International Trade:
The U.S. moved for a voluntary remand at the Court of International Trade to reconsider its decision to reject importer LE Commodities' requests for exclusions from Section 232 steel and aluminum tariffs. The government said it will "ensure that it appropriately addresses the record evidence" on remand. LE Commodities assented to the remand bid (LE Commodities v. United States, CIT # 23-00220).
The Court of International Trade last week granted exporter Red Sun Energy Long An Co.'s motion to supplement the record after the company noted the Commerce Department "omitted several critical pieces of information from the official certified copy" of the record in the 2023 anti-circumvention inquiry on solar cells from Vietnam it filed with the court (Red Sun Energy Long An Co. v. U.S., CIT # 23-00229).