The following lawsuits were filed at the Court of International Trade during the week of Sept. 30 - Oct. 6:
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.
Cars assembled by Volvo in Sweden as part of a “knockdown operation” using subassemblies manufactured in China are products of China and are subject to Section 301 tariffs, CBP said in a recent ruling. The “complex assembly process” occurs in China, not Sweden, so that’s where substantial transformation happens for the purposes of determining country of origin, CBP said in HQ H302821, issued July 26 and published by CBP on Oct. 2.
The following lawsuits were filed at the Court of International Trade during the week of Sept. 23-29:
CBP can sometimes correct mistaken duty assessments past the normal statutory time limit for reliquidation if it does so quickly enough after discovering the error, the Court of International Trade said in a Sept. 27 decision. In a case involving a court-approved settlement on the amount of antidumping duties owed on ironing tables from China, the trade court allowed CBP to reliquidate entries from Target and other companies that the agency had liquidated at the wrong rate, even though the 90-day period for reliquidation had already passed.
The following lawsuits were filed at the Court of International Trade during the week of Sept. 16-22:
The Court of International Trade on Sept. 13 denied a Chinese company’s request to reverse CBP’s liquidation of its diamond sawblades from China, allegedly in violation of a court-ordered injunction. Zhejiang Wanli Tools Group Co., Ltd. is a participant in the underlying litigation over sawblades duties, and is one of eight companies named on an injunction stopping liquidation while the litigation proceeds. But that injunction covers only merchandise exported by Wanli and the other seven companies, even though the form to request injunctions gives the option of listing a company as a producer or a producer and exporter. CBP had found Wanli had manufactured the sawblades but not exported them, and liquidated them at an AD rate of 82.05%. The trade court agreed, finding the evidence showed Wanli did not export the sawblades, and that Wanli could have requested to also be listed as a producer on the injunction but had not done so.
The following lawsuits were filed at the Court of International Trade during the week of Sept. 9-15:
The following lawsuits were filed at the Court of International Trade during the week of Sept. 2-8:
The Commerce Department can’t modify antidumping and countervailing duty rates after a court ruling before first publishing a notice that they’re going to change, the Court of International Trade said in a Sept. 6 decision. In a challenge from an importer of solar cells that was hit with retroactive duty increases for merchandise entered before Commerce’s tardy notice, CIT found the merchandise entered before the notice should be reliquidated at the lower rate that was previously in effect.
The following lawsuits were filed at the Court of International Trade during the week of Aug. 26 - Sept. 1: