The following lawsuits were filed at the Court of International Trade during the week of Nov. 22-28:
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 15-21:
The Court of International Trade again struck down the Trump administration's withdrawal of an exclusion from the Section 201 solar safeguard measures for bifacial solar panels, in its second opinion rejecting Trump administration's elimination of the exclusion as many days. Judge Gary Katzmann found that the Office of the U.S. Trade Representative's exclusion withdrawal was an "arbitrary and capricious agency decision" and represented a move with no statutory authority. Just a day earlier, Katzmann ruled against a presidential proclamation attempting to withdraw the bifacial panel exclusion, which came as a direct response to the CIT's preliminary injunction in the case over the USTR's move.
The Court of International Trade struck down the U.S. Trade Representative's attempt to withdraw an exclusion on bifacial solar panels from the Section 201 safeguard measures on solar cells in a Nov. 17 decision. Judge Gary Katzmann found that USTR lacked the statutory authority to withdraw the exclusion. The opinion is the second in as many days over the Trump administration's termination of the exclusion, following a Nov. 16 decision that struck down the presidential proclamation issued after CIT imposed a preliminary injunction on USTR's action. That Nov. 16 decision ordered refunds for tariffs paid under the safeguard on bifacial cells by the importers that filed the lawsuit.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 8-14:
The following lawsuits were filed at the Court of International Trade during the week of Nov. 1-7:
CBP did not violate importer Diamond Tools Technology's due process rights when it found that the company evaded antidumping duties on diamond sawblades from China, the Court of International Trade said in an Oct. 29 opinion, made public Nov. 5. However, Judge Timothy Reif did remand the case to CBP, finding that the actual finding of evasion was not supported as there was no "material and false statement" made by DTT. The judge also upheld CBP's authority to find that DTT's entries that pre-dated the start date of a related anti-circumvention inquiry are "covered merchandise."
The Court of International Trade erred when it took "bypass" liquidations into its consideration of treatment previously afforded importer Kent International's children's bicycle seats, the U.S. Court of Appeals for the Federal Circuit said in a Nov. 3 opinion. Remanding the issue to the trade court, a three-judge panel at the Federal Circuit, however, upheld CIT's determination that there was no de facto "established and uniform practice" (EUP) regarding the customs classification of kids' bike seats.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 25-31:
The Commerce Department is amending the antidumping duty cash deposit rate for an exporter subject to AD duties on activated carbon from China (C-570-904), it said in a notice implementing a recent Court of International Trade decision that invalidated rates the agency set in the final results of an administrative review it issued in 2019 (see 1912170021). Commerce is decreasing the AD duty cash deposit rates for Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. from 89 cents/kg to 61 cents/kg as a result of the decision, according to the notice released Oct. 29. The change is applicable to entries on or after Nov. 1.