Exporters Jiangsu Senmao Bamboo and Wood Industry, Jiangsu Keri Wood and Sino-Maple won't participate in the appeal on the 2017 administrative review of the countervailing duty order on multilayered wood flooring from China despite having participated in the case at the Court of International Trade (Jiangsu Senmao Bamboo and Wood Industry Co. v. United States, Fed. Cir. # 26-1050).
The Trump administration filed its reply brief on Oct. 30 in the Supreme Court cases on the legality of tariffs imposed under the International Emergency Economic Powers Act, addressing a host of arguments relating to the text of the IEEPA, all of the statute's requirements and the history of the measure (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
Both the government and a group of seafood importers opposed three conservation groups' attempt to intervene in the seafood importers' case against the National Marine Fisheries Service's comparability findings on 240 fisheries across 46 nations, which will lead to an import ban from the fisheries on Jan. 1, 2026 (National Fisheries Institute v. United States, CIT # 25-00223).
As CBP ramps up enforcement and seeks to ensure that importers' claims of first sale are valid, expect the agency to pay close attention to the documents of the middleman, said tax consultants with KPMG during an Oct. 27 presentation on first sale at the International Compliance Professionals Association's annual conference in Texas.
The following lawsuits have been filed recently at the Court of International Trade:
Battery importer Camel Energy urged the Court of International Trade on Oct. 29 to expedite its case on CBP's exclusion of two of its entries. The company said "good cause" exists to speed up the case, since the importer "continues to incur damages in port and storage fees" and the exclusion of the goods "prevented Camel’s North American customers from receiving their products" (Camel Energy v. United States, CIT # 25-00230).
The following lawsuit has been filed recently at the Court of International Trade:
Due to the federal government shutdown, the U.S. District Court for the Western District of Washington stayed a case from importer Eteros Technologies USA and several of its executives against CBP for allegedly retaliating against the company and its executive for winning a customs case at the Court of International Trade. Judge Kymberly Evanson said that despite Eteros' refusal to agree to a stay, the court still finds a stay to be appropriate "due to the prejudice that will result to Defendants if their counsel is unable to meet deadlines during the lapse in appropriations" (Eteros Technologies USA v. United States, W.D. Wash. # 2:25-00181).
As companies navigate the increasingly complex U.S. trade landscape, companies should "shift left" and adjust their trade compliance strategies so that potential compliance issues are caught upstream in areas such as sales, procurement and development before hitting the duty filing stage, a software developer said at the International Compliance Professionals Association conference in Grapevine, Texas, on Oct. 27.
Solar cell exporter Trina Solar (Vietnam) Science & Technology Co. said neither the Court of International Trade nor the Commerce Department addressed the exporter's claim that the nature of the production compelled a negative determination in the antidumping and countervailing duties anti-circumvention inquiry on solar cells from Vietnam. Filing comments on Commerce's remand results in a case on the circumvention proceedings, Trina Solar said the court can now address whether the significance of the statutory "nature and production process" factor "can be reconciled with" Commerce's affirmative circumvention finding "when the circumvention provisions were enacted to address 'screwdriver' operations" (Trina Solar (Vietnam) Science & Technology Co. v. United States, CIT # 23-00228).