The following lawsuits were filed at the Court of International Trade during the week of Feb. 12-18:
Brittany Hammond and Tamia Charles voluntarily dismissed without prejudice their negligence class-action claims against Citrix and Comcast without prejudice, said their notice Wednesday (docket 0:23-cv-62409) in U.S. District Court for Southern Florida in Fort Lauderdale. Hammond et al v. Citrix was one of a dozen actions named in a motion (docket Ref:2401120011) for coordinated or consolidated pretrial proceedings before the Judicial Panel on Multidistrict Litigation last month, filed by the plaintiff in Hasson v. Comcast Cable Communications. Kenneth Hasson said centralization is appropriate because the related class actions filed in three separate federal district courts arise from the same October data breach that affected the personal information of millions of individuals. Hammond and Charles’ suit asserted claims of negligence and negligence per se; breaches of implied contract and third-party beneficiary contract; unjust enrichment; and violations of the Florida Deceptive and Unfair Trade Practices and New Jersey Consumer Fraud acts.
An importer said that CBP liquidated 227 of its entries at an incorrect 1.02% AD rather than at the proper de minimis rate, then denied its protests and refused refunds despite a correction from Commerce (PNS Clearance v. U.S., CIT #24-00044).
Antidumping duty petitioner Mid Continent Steel & Wire told the U.S. Court of Appeals for the Federal Circuit that exporter Oman Fasteners' opposition to its bid to stay the appeal is a strategic delay tactic (Oman Fasteners v. U.S., Fed. Cir. # 24-1350).
Georgia woman Skeeter-Jo Stoute-Francois filed suit at the Court of International Trade Feb. 16 to contest six questions on the October 2021 customs broker license exam. In her complaint, Stoute-Francois said that after appealing the test results to the Treasury Department, she was left just short of the 75% grade needed to pass the test, failing at 73.75% (Skeeter-Jo Stoute-Francois v. U.S., CIT # 24-00046).
A U.S. motion to dismiss an importer's challenge of the way CBP handled liquidation after a prior disclosure amounts to a “mischaracterization” of its complaint, and the Court of International Trade also had jurisdiction over the case pursuant to the Customs Courts Act of 1980, the importer said (Larson-Juhl US v. U.S., CIT # 23-00032).
Exporter Tau-Ken Temir (TKT) and Kazakhstan's Ministry of Trade and Integration argued in a Feb. 12 reply brief that the Commerce Department doesn't have "essentially total discretion to decide deadlines and acceptance of filings." Responding to claims from the U.S. at the U.S. Court of Appeals for the Federal Circuit, TKT and the Kazakh ministry said the government didn't claim that any prejudice would have resulted from granting TKT's one-day extension request, which would have absolved the company from missing a filing deadline in a countervailing duty proceeding by 90 minutes (Tau-Ken Temir v. U.S., Fed. Cir. # 22-2204).
Georgia woman Skeeter-Jo Stoute-Francois filed suit at the Court of International Trade Feb. 16 to contest six questions on the October 2021 customs broker license exam. In her complaint, Stoute-Francois said that after appealing the test results to the Treasury Department, she was left just short of the 75% grade needed to pass the test, failing at 73.75% (Skeeter-Jo Stoute-Francois v. U.S., CIT # 24-00046).
The Court of International Trade on Feb. 15 said companies that submit requests for administrative review in antidumping and countervailing duty proceedings can intervene as a matter of right at the Court of International Trade.
The following lawsuits were filed at the Court of International Trade during the week of Feb. 5-11: