No trade-related lawsuits were recently filed at the Court of International Trade.
Importer Hanon Systems Alabama dismissed at the Court of International Trade on Jan. 22 its lawsuit challenging the Commerce Department's finding that it's circumventing the antidumping and countervailing duty orders on aluminum foil from China by way of South Korea and Thailand (Hanon Systems Alabama Corp. v. United States, CIT # 23-00269).
A South Korean aluminum foil importer filed suit at the Court of International Trade against an anti-circumvention inquiry that found multiple importers attempted to avoid antidumping duties on Chinese aluminum foil using intermediaries in South Korea (Hanon Systems Alabama v. U.S., CIT # 23-00269).
Past evidence of antidumping and countervailing duty evasion doesn't mean an exporter must still be transshipping goods, the U.S. said Jan. 22 in response to an AD/CVD petitioner’s motion for summary judgment in a case challenging the Commerce Department’s determination that wooden cabinet importers were not attempting to evade AD/CVD orders on products from China (American Kitchen Cabinet Alliance v. U.S., CIT # 23-00140).
The U.S. moved to dismiss a complaint from solar cell maker Auxin Solar and solar module designer Concept Clean Energy at the Court of International Trade 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 (Auxin Solar v. United States, CIT # 23-00274).
Electronics distribution company Broad Tech System and its president and owner, Tao Jiang of Riverside, California, pleaded guilty Jan. 11 to participating in a conspiracy to illegally ship chemicals made or distributed by a Rhode Island-based company to a Chinese firm with ties to the Chinese military, the U.S. Attorney's Office for the District of Rhode Island announced. Jiang and Broad Tech admitted to violating the Export Control Act and conspiring to commit money laundering.
The following lawsuit was filed at the Court of International Trade during the week of Jan. 15-21.
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Jan. 22 issued its mandate in a pair of cases seeking to retroactively apply Section 301 tariff exclusions. In the suits, the appellate court sustained the dismissal of the cases for a lack of subject matter jurisdiction, finding that a protest must have been filed with CBP to properly effectuate relief. The Court of International Trade initially said jurisdiction was not to be had under Section 1581(i), the court's "residual" jurisdiction, since the court would have had jurisdiction under Section 1581(a) had a protest been filed (see 2209060035). The Federal Circuit affirmed, finding that the true nature of the suits contests CBP's assessment of the duties and not the U.S. Trade Representative's decision to grant an exclusion, even though the exclusions were granted after the deadline for filing a protest had lapsed (ARP Materials v. United States, Fed. Cir. # 21-2176) (The Harrison Steel Castings Co. v. United States, Fed. Cir. # 21-2177).
U.S. District Judge John Tharp for Northern Illinois in Chicago must use his “supervisory power” to dismiss the government’s indictment against Hytera Communications for failure to present evidence of trade secrets to the grand jury, said Hytera’s Jan. 11 motion (docket 1:20-cr-00688), originally filed under seal.