The following lawsuits were filed at the Court of International Trade during the week of Nov. 5-11:
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 Nov. 8 dismissed an auto parts importer’s request for protection from future bond requirements on its shipments, finding the concerns of U.S. Auto Parts were resolved earlier this year when CIT ordered CBP to stop mandating excessive bonds (see 1805290044). CBP has stopped requiring the bonds, and released “all backlogged containers,” so “U.S. Auto has received its requested relief,” CIT said. Despite the company’s concerns to the contrary, “because there is no reasonable expectation that the alleged violation will recur, and because the effects of the alleged violation no longer exist, Plaintiff’s case is moot,” the trade court said.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 29 - Nov. 4:
The Commerce Department will increase antidumping duty cash deposit rates in effect for two exporters of diamond sawblades from China (C-570-900), implementing a recent Court of International Trade decision that ordered Commerce to recalculate rates set in an administrative review completed in 2015 (see 1506080008), it said. As a result of its recalculation, AD duty cash deposit rates for Danyang City Ou Di Ma Tools Co., Ltd., and Danyang Tsunda Diamond Tools Co., Ltd., will rise to 12.05% (from 2.34%). The new rate will apply to subject merchandise entered on or after Nov. 2.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 22-28:
Government lawyers need to actively work with importers to make sure they can comply with discovery requests, the Court of International Trade said in a decision issued Oct. 22. A series of short emails the government exchanged with Great Neck Saw Manufacturers (GNSM), a tool importer facing more than $1 million in penalties for customs violations, does not qualify as a “good faith” effort to confer with the importer as required by CIT rules, the court said. Though GNSM missed the court’s deadline for turning over certain information, and the government gave the company nearly three months extra to comply, there are indications that it may be difficult or impossible for GNSM to comply with the requests, which cover entry documentation dating back to 2005. “The requirement to confer is not met by email exchanges that are little more than perfunctory and simply restate Plaintiff’s demands that GNSM fulfill its discovery obligations,” CIT said. “Given the concerns raised by [GNSM], there may be a need for the parties to compromise, including the possibility that [the government] may have to refine the scope of its interrogatories and document requests,” it said. “Accordingly, the court will order the parties to meet in a good faith effort to resolve the discovery dispute.”
The following lawsuits were filed at the Court of International Trade during the week of Oct. 15-21:
The Justice Department failed to meet the legal requirement for a stay of the Court of International Trade's injunction against the importation of fish and shellfish caught in Mexican fisheries using gillnets (see 1807260039), CIT said in an Oct. 22 ruling. The decision is part of a lawsuit over protecting the endangered vaquita porpoise. "In short, Congress determined that when a marine mammal is endangered -- such as the vaquita is here -- because of foreign fishing technologies, targeted embargoes on fish caught using those technologies are the remedies to be imposed," CIT Judge Gary Katzmann said. "The Government’s regulatory preferences do not override this legislative command."
The following lawsuits were filed at the Court of International Trade during the week of Oct. 8-14:
The Court of International Trade said in an Oct. 12 ruling that CBP must file a final rule for drawback under the Trade Facilitation and Trade Enforcement Act with the Office of the Federal Register by Dec. 17. The final rule, except for provisions involving drawback for excise taxes, will be effective when filed, ruled CIT Judge Jane Restani. The excise tax provisions may take effect 60 days after publication.