The following lawsuits were filed recently at the Court of International Trade:
The U.S. asked the U.S. Court of Appeals for the Federal Circuit on Nov. 21 for a voluntary remand in a case involving a challenge to the Commerce Department's use of the Cohen's d test in light of the CAFC's decision in Marmen v. U.S., invalidating the agency's approach to the test. The government asked that oral argument in the case, which is currently set for Dec. 1, be canceled (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Facing post-shutdown attorney departures and work pileups, DOJ has asked the Court of International Trade for deadline extensions for a number of pending cases.
The following lawsuits were filed recently at the Court of International Trade:
Mandi Rae Lumley, a member of the Yakama Native American tribe, dropped her lawsuit against the imposition of tariffs against herself and her company as a violation of the 1855 Yakama Treaty. On Nov. 20, Lumley's counsel, Rugged Law, a criminal justice firm in Portland, Oregon, filed a notice of voluntary dismissal without prejudice in the U.S. District Court for the District of Oregon (Mandi Rae Lumley v. U.S. Customs and Border Protection, D.Or. # 3:25-02003).
The following lawsuits were filed recently at the Court of International Trade:
Importer USP Holdings on Nov. 20 voluntarily dismissed its case at the Court of International Trade regarding the applicability of Section 232 steel and aluminum tariff exclusions. USP brought its case last month to contest CBP's denial of its protest claiming its steel entries were improperly denied Section 232 exclusions. Scott Johnston, counsel for USP, said in an email that the company ultimately received relief administratively after CBP agreed to void the denials. However, the case was initially filed, since the relief "came right at/after the 180-day period to challenge the Protest denials in the CIT." (USP Holdings v. United States, CIT # 25-00227).
The U.S. Court of Appeals for the Federal Circuit on Nov. 20 scheduled a case concerning deemed liquidation of duty drawback claims for oral argument on Jan. 8 (Performance Additives v. United States, Fed. Cir. # 24-2059).
Antidumping duty petitioner American Paper Plate Coalition on Nov. 20 pushed back against respondent Fuzhou Hengli Paper's bid to add an "Excel datafile" to the record in the respondent's case against the AD investigation on paper plates from China on the basis that the document was never properly presented to the Commerce Department in the investigation (Fuzhou Hengli Paper v. United States, CIT # 25-00064).