The following lawsuits were filed at the Court of International Trade during the week of Jan. 18-24:
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 Court of International Trade on Jan. 21 ruled that Midwest Fastener's strike pin anchors are not nails, and are not subject to antidumping duties on steel nails from China. After a series of decisions wherein CIT told Commerce to reconsider its scope ruling that the strike pin anchors are subject to AD duties, the trade court ruled that an Aug. 28 U.S. Court of Appeals for the Federal Circuit decision in a related case answers the question of scope coverage definitively, holding masonry anchors from OMG aren't nails and can't be covered by an identical AD duty order on steel nails from Vietnam (see 2008280039). In light of that definitive decision, CIT departed from its earlier decisions that held the scope's coverage of masonry anchors ambiguous, and directed Commerce to perform a more thorough analysis. “Commerce should now make its determination in accordance with the Court of Appeals’” holding, CIT said, giving the agency 60 days to submit its remand redetermination.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 11-17:
The following lawsuits were filed at the Court of International Trade during the week of Jan. 4-10:
The procedural stalemate in the Section 301 lawsuits inundating the U.S. Court of International Trade is traceable to Chief Judge Timothy Stanceu and his staff “really looking at everything very carefully,” Grunfeld Desiderio partner Ned Marshak said in an interview. His firm has filed about 800 of the 3,700 complaints, including a case filed Jan. 6 on behalf of flooring company R.A. Siegel based on a two-year statute of limitations running from a 2019 date of liquidation. All the complaints seek to vacate the lists 3 and 4A tariff rulemakings and get the duties refunded. Most of the actions based timeliness within the two-year statute of limitations dating to when List 3 was published in the Federal Register or when the tariffs took effect on Sept. 24, 2018. Fewer based the two-year window on dating to when List 3 tariffs were first paid.
The following lawsuits were filed at the Court of International Trade during the week of Dec. 28 - Jan. 3:
With all nominations not confirmed during the past two years now expired, the White House has renominated Joseph Barloon, acting deputy U.S. trade representative, to be a judge on the Court of International Trade. If confirmed, he would replace Leo Gordon, who retired. The nomination was among those sent to the Senate Jan. 3.
The following lawsuits were filed at the Court of International Trade during the week of Dec. 21-27:
A case on the classification of printed circuit board assemblies used in audio-visual transmission equipment will go to trial, after the Court of International Trade on Dec. 22 found it could not determine whether PCBAs imported by Plexus are principally used for televisions and dutiable at 2.9%, or principally used for other devices, including computers and smartphones, and duty free.
The following lawsuits were filed at the Court of International Trade during the week of Dec. 14-20: