The Court of International Trade on Aug. 17 again declined to allow a government counterclaim to proceed in an importer's denied protest case, redesignating it as a defense, but Judge Gary Katzmann appeared to leave the door open for the government to collect additional duties from the importer. In the case, which involves the classification of dried botanicals, CIT for the fourth time in just over two years said the government can't file counterclaims in cases brought by importers to challenge denied protests. However, should the government convince the court of its preferred classification as a defense, importer Second Nature Designs "may be liable to the Government for increased duties," Katzmann said in a footnote to the opinion.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should deny a government motion to amend a complaint and toss the action with respect to a single entry, American Home Assurance Company (AHAC) said in an Aug. 14 motion. DOJ is seeking antidumping duties and interest on eight single transaction bonds issued over 20 years ago (U.S. v. American Home Assurance Co., CIT # 20-00175).
DHS Secretary Alejandro Mayorkas and Acting CBP Commissioner Troy Miller must respond to allegations of forced labor used in imported cocoa from Côte d’Ivoire by seven major chocolate companies, the International Rights Advocates (IRAdvocates) said in its Aug. 15 complaint at the Court of International Trade. The suit aims to force DHS and CBP to issue a decision in response to a 2020 petition filed by IRAdvocates along with Corporate Accountability Lab, and the University of California Irvine Law School's Human Rights Clinic (UCI) (International Rights Advocates v. Alejandro Mayorkas and Troy Miller, CIT # 23-00165).
The following lawsuits were recently filed at the Court of International Trade:
Sen. Sherrod Brown, D-Ohio, told Commerce Secretary Gina Raimondo that she should not intervene in professional staff's determination of whether antidumping and countervailing duties -- they range from 43% to 294% -- should be imposed on imported tin mill steel products, used in making cans for packaging food.
The U.S. asked for another 60 days to file its reply brief in the massive Section 301 litigation at the U.S. Court of Appeals for the Federal Circuit. The government said the present suit is a test case for over 4,100 similar cases and an extension would allow DOJ more time to confer with all the federal agencies involved in the case (HMTX Industries v. U.S., Fed. Cir. # 23-1891).
The following lawsuits were filed at the Court of International Trade during the week of Aug. 7-13:
DHS Secretary Alejandro Mayorkas and Acting CBP Commissioner Troy Miller must respond to allegations of forced labor used in imported cocoa from Côte d’Ivoire by seven major chocolate companies, the International Rights Advocates (IRAdvocates) said in its Aug. 15 complaint at the Court of International Trade. The suit aims to force DHS and CBP to issue a decision in response to a 2020 petition filed by IRAdvocates along with Corporate Accountability Lab, and the University of California Irvine Law School's Human Rights Clinic (UCI) (International Rights Advocates v. Alejandro Mayorkas and Troy Miller, CIT # 23-00165).
The following lawsuit was recently filed at the Court of International Trade: