Parties on the defendants’ side in two cases Feb. 21 opposed a motion of joinder in separate briefs, saying that, although both were litigating claims against an affirmative International Trade Commission injury determination in antidumping and countervailing duty investigations on Mexican and Chinese rail couplers, their cases raise “unique” legal issues with little crossover (Amsted Rail Ind. v. U.S., CIT # 23-00268; Wabtec Corp. v. U.S., CIT # 23-00157).
Solar cell maker Auxin Solar and solar module designer Concept Clean Energy responded to the U.S. motion to dismiss their suit challenging the Commerce Department's pause of antidumping and countervailing duties on solar cells and modules from Southeast Asian countries found to be circumventing the AD/CVD orders on these goods from China (see 2401230040) (Auxin Solar v. United States, CIT # 23-00274).
No lawsuits have been filed recently at the Court of International Trade.
The U.S. told the U.S. Court of Appeals for the Federal Circuit on Feb. 21 that solar companies and industry groups led by the Solar Energy Industries Association failed to show that an en banc rehearing was needed for a decision upholding President Donald Trump's revocation of a tariff exclusion for bifacial solar panels (Solar Energy Industries Association v. United States, Fed. Cir. # 22-1392).
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were filed at the Court of International Trade during the week of Feb. 12-18:
Brittany Hammond and Tamia Charles voluntarily dismissed without prejudice their negligence class-action claims against Citrix and Comcast without prejudice, said their notice Wednesday (docket 0:23-cv-62409) in U.S. District Court for Southern Florida in Fort Lauderdale. Hammond et al v. Citrix was one of a dozen actions named in a motion (docket Ref:2401120011) for coordinated or consolidated pretrial proceedings before the Judicial Panel on Multidistrict Litigation last month, filed by the plaintiff in Hasson v. Comcast Cable Communications. Kenneth Hasson said centralization is appropriate because the related class actions filed in three separate federal district courts arise from the same October data breach that affected the personal information of millions of individuals. Hammond and Charles’ suit asserted claims of negligence and negligence per se; breaches of implied contract and third-party beneficiary contract; unjust enrichment; and violations of the Florida Deceptive and Unfair Trade Practices and New Jersey Consumer Fraud acts.
An importer said that CBP liquidated 227 of its entries at an incorrect 1.02% AD rather than at the proper de minimis rate, then denied its protests and refused refunds despite a correction from Commerce (PNS Clearance v. U.S., CIT #24-00044).
Antidumping duty petitioner Mid Continent Steel & Wire told the U.S. Court of Appeals for the Federal Circuit that exporter Oman Fasteners' opposition to its bid to stay the appeal is a strategic delay tactic (Oman Fasteners v. U.S., Fed. Cir. # 24-1350).
Georgia woman Skeeter-Jo Stoute-Francois filed suit at the Court of International Trade Feb. 16 to contest six questions on the October 2021 customs broker license exam. In her complaint, Stoute-Francois said that after appealing the test results to the Treasury Department, she was left just short of the 75% grade needed to pass the test, failing at 73.75% (Skeeter-Jo Stoute-Francois v. U.S., CIT # 24-00046).