The following lawsuits were filed at the Court of International Trade during the week of Dec. 25-31:
The following lawsuits were filed recently at the Court of International Trade:
Indian exporter Kumar Industries took to the Court of International Trade to contest the adverse facts available rate it received for purportedly failing to cooperate to the best of its ability in the 2021-22 review of the antidumping duty order on glycine from India. Filing a complaint on Jan. 1, Kumar said Commerce erred in using AFA due to the noncooperation of two entities which the agency said were related to Kumar (Kumar Industries v. United States, CIT # 23-00263).
Big box retailer Target Corp. asked the U.S. Court of Appeals for the Federal Circuit for more time to file its reply brief in its suit against the Court of International Trade's decision to order reliquidation of Target's entries that erroneously received a favorable antidumping duty rate. While the brief is currently due on Jan. 5, 2024, Target asked if it could submit its arguments on Jan. 19 "due largely to the circumstances of the holidays" (Target Corp. v. United States, Fed. Cir. # 23-2274).
A Turkish aluminum foil exporter Dec. 22 sought expedited consideration of a request for a voluntary remand by the Commerce Department and challenged concerns raised by domestic petitioners in a case involving a duty drawback adjustment on its products (Assan Aluminyum Sanayi ve Ticaret v. U.S., CIT # 21-00616).
RCN Telecom Services is “secondarily liable” for direct copyright infringement under sections 106 and 501 of the Copyright Act and in violation of the Digital Millennium Copyright Act, alleged motion picture distribution company Screen Media Ventures (SMV) in a complaint Wednesday (docket 3:23-cv-23356) in U.S. District Court for New Jersey in Trenton.
No lawsuits have been filed recently at the Court of International Trade.
Importer Dell Will Customs Brokers (USA) Inc. dismissed its customs case on Dec. 27 at the Court of International Trade. The company filed suit in December 2021 claiming that its scaffolding, parts or accessories, of Harmonized Tariff Schedule subheadings 7308.40.00 and 9403.20.00, are exempt from Section 301 China tariffs under secondary subheading 9903.88.03. Counsel for Dell Will didn't respond to our request for comment (Dell Will Customs Brokers (USA) Inc. F/A Metal Tech-Omega Inc. v. U.S., CIT # 21-00630).
The following lawsuit was filed recently at the Court of International Trade:
The Court of International Trade "should not entertain" importer Greentech Energy Solution's challenge to CBP's extension of the liquidation deadline for the 19 entries at issue since it doesn't appear in Greentech's amended complaint, the U.S. argued. Filing a reply brief Dec. 22, the government said that even if the claim was in the complaint, the trade court doesn't have jurisdiction to hear it since Greentech should have filed a protest with CBP to first challenge the decision (Greentech Energy Solutions v. United States, CIT # 23-00118).