The Court of International Trade on Dec. 12 denied the government's motion for reconsideration of the trade court's previous decision to vacate CBP's finding that Dominican exporter Kingtom Aluminio made its aluminum extrusions with forced labor. Although Judge Timothy Reif said he made a mistake of fact in the initial decision, the mistake was a "harmless error," and that no mistake of law was made.
CBP has released its Nov. 26 Customs Bulletin (Vol. 59, No. 41), which includes the following ruling action:
As lawsuits seeking refunds of International Emergency Economic Powers Act tariffs at the Court of International Trade continue to mount, lawyers remain uncertain of the refund process that would be followed should the Supreme Court strike down the tariffs, including whether refunds will come via judicial or administrative pathways.
CBP improperly denied importer Software Brokers of America, doing business as Intcomex, the temporary exclusion from International Emergency Economic Powers Act tariffs on China for in-transit merchandise, the importer argued in a Dec. 5 complaint at the Court of International Trade (Software Brokers of America d/b/a Intcomex v. United States, CIT # 25-00381).
Plaintiffs in the massive Section 301 litigation "have every intention" to appeal their case challenging the lists 3 and 4A Section 301 tariffs on China to the Supreme Court, Matt Nicely, lead counsel for the companies, told the Court of International Trade during a Nov. 4 status conference.
Trade lawyers are split over the necessity of filing lawsuits now to secure potential International Emergency Economic Powers Act tariff refunds should the Supreme Court invalidate them, according to interviews with lawyers.
The Court of International Trade erred in ruling that importer Blue Sky The Color of Imagination's planning calendars are diaries under Harmonized Tariff Schedule subheading 4820.10.2010, the U.S. Court of Appeals for the Federal Circuit held on Dec. 4. Judges Alan Lourie, William Bryson and Raymond Chen said the trade court violated the principle of stare decisis by skirting the CAFC's prior interpretation of the term "diary."
CBP has released two Customs Bulletins, one for Nov. 5 (Vol. 59, No. 45) and one for Nov. 12 (Vol. 59, No. 46). Neither contains any rulings. However, there are Court of International Trade slip opinions: five in the Nov. 5 bulletin and one in the Nov. 12 bulletin.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 24-30:
Manufacturing trade groups and companies mostly argued in comments to the U.S. Trade Representative that USMCA rules of origin for their sectors shouldn't change as part of the pact's review, and if they do, it should be only after extensive consultation with industry, and with adequate transition times.