The petitioner in an antidumping duty case supported its motion for summary judgment Jan. 31 by saying that, since the passage of the Trade Preferences Extension Act of 2015, the Commerce Department is no longer required to consider accuracy when setting antidumping margins. On the same day, an exporter and several importers also fought opposition to their own motions for judgment (Cambria Company v. U.S., CIT # 23-00007).
The following trade-related lawsuit was recently filed at the Court of International Trade:
Three importers of trailer wheels filed complaints in the Court of International Trade on Jan. 30 contesting the Commerce Department’s determination that their wheels were subject to antidumping and countervailing duties and the importers had attempted to evade them (Trailstar LLC v. U.S., CIT # 24-00021; Lionshead Specialty Tire and Wheel LLC v. U.S., CIT # 24-00020; Dexter Distribution Group LLC v. U.S., CIT # 24-00019).
Importer Scottsdale Tobacco launched a case at the Court of International Trade to contest CBP's denial of its drawback claim on its Canadian-origin paper-wrapped cigarettes. Filing a complaint on Jan. 30, the importer said its drawback claim "met the requirements" for a substitution unused merchandise drawback of the federal excise taxes it paid, since it exported the cigarettes from Florida less than five years after the relevant imports (Scottsdale Tobacco v. United States, CIT # 24-00022).
A whistleblower in a False Claims Act challenge, Brutus Trading, petitioned the U.S. Supreme Court to take up its case so the court can clear up its own 2023 decision that found the government can voluntarily dismiss a qui tam FCA case brought by a whistleblower after not initially intervening in the case, and that the dismissal would be carried out under Rule 41(a) (Brutus Trading v. Standard Chartered, Sup. Ct. # 23-813).
The following trade-related lawsuits were recently filed at the Court of International Trade:
The U.S. and three importers filed a joint status report announcing they intend to settle several consolidated cases (see 2108190038) contesting the Commerce Department’s denials of the importers’ Section 233 steel tariff exclusion requests (Valbruna Slater Stainless.v. U.S., CIT #21-00027).
Comcast is asking the U.S. District Court for Southern New York in Manhattan to dismiss MaxLinear’s misappropriation of trade secrets counterclaims in their entirety under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, said Comcast’s memorandum of law Friday (docket 1:23-cv-04436) in support of its motion to dismiss.
Exporter Oman Fasteners asked the U.S. Court of Appeals for the Federal Circuit on Jan. 29 to dismiss petitioner Mid Continent Steel & Wire's appeal of a Court of International Trade decision imposing an injunction on the Commerce Department's antidumping duty cash deposits on Oman Fasteners' steel nail imports. The exporter said the injunction is no longer active because the Commerce Department completed the next administrative review of the AD order, so there is no live controvery in the case (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
The following trade-related lawsuit was recently filed at the Court of International Trade: