The following lawsuits were filed at the Court of International Trade during the week of Aug. 19-25:
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.
Downstream products like swimming pool kits are not covered by antidumping duties on corrosion-resistant steel products from China and Italy, the Court of International Trade said in an Aug. 20 decision. Rejecting a Commerce Department scope ruling issued in May 2018, CIT directed the agency to reconsider its holding that Trendium pool kits made from Chinese and Italian corrosion-resistant steel are covered by the AD duty orders.
The following lawsuits were filed at the Court of International Trade during the weeks of Aug. 12-18:
The Court of International Trade on Aug. 19 dismissed an importer’s bid to be eligible for the zero percent antidumping duty rate applicable to its purported parent company, rather than the 92.84% China-wide rate assigned to its entries of tapered roller bearings from China. Wanxiang America should have used the administrative review process to qualify its exporter for the parent company’s rate, CIT told the importer.
The following lawsuits were filed at the Court of International Trade during the weeks of Aug. 5-11:
A recent Federal Circuit decision on tariff engineering is the latest in a string of cases that threatens to throw the importing community into turmoil, trade groups said in briefs requesting that the court rehear the case. The American Association of Exporters and Importers, the Customs and International Trade Bar Association and, in a joint brief, the National Association of Manufacturers and the U.S. Chamber of Commerce say the appeals court’s decision on Ford transit vans threatens to upend a century of precedent on tariff classification by solidifying use as a factor in eo nomine tariff classification.
The following lawsuits were filed at the Court of International Trade during the weeks of July 29 - Aug. 4:
JSW Steel (USA) Inc. sued the Commerce Department over its denial of a Section 232 product exclusion request on July 30. The steel company said in its complaint that Commerce never sought to verify the objections to the exclusion request submitted by industry competitors. "The Department effectively abandoned the standards established by Proclamation 9705 and the Department’s own regulations, thereby depriving JSW USA of its right to due process and fair treatment," the company said. JSW USA asserts that it was and remains eligible for the exclusions and asked the Court of International Trade to order Commerce to tell CBP to refund the tariffs already paid. Alternatively, the court should remand the issue back to Commerce for proper treatment and consideration, it said.
The Senate confirmed Court of International Trade nominees Miller Baker and Timothy Reif, the Senate Republican Cloakroom said in a tweet. The pair were first nominated last year but had to be renominated in January (see 1901230002). International Trade Commission nominees Randolph Stayin and Amy Karpel were also confirmed.
The following lawsuits were filed at the Court of International Trade during the weeks of July 15-21 and July 22-28: