The Court of International Trade dismissed a suit from SXP Schultz Xtruded Products seeking a refund of Section 232 duties on four different entries for which an exclusion was granted, saying the case lacked subject-matter jurisdiction under Section 1581(i), the court's "residual" jurisdiction. Judge Jennier Choe-Groves said SXP would have had jurisdiction under Section 1581(a) if it filed a protest to contest CBP's liquidation of the entries. The judge noted the contradiction in SXP's arguments on the futility of filing a protest since the importer timely filed a protest for a fifth entry of the same goods, leading to a refund of the Section 232 steel and aluminum duties.
The Coalition of Freight Coupler Producers refiled a motion to waive the U.S. Court of Appeals for the Federal Circuit's redaction limits in a conflict-of-interest proceeding after the court rejected an initial bid to waive the requirements. The coalition asked the court for permission to redact 180 unique words, given that the reasons for redaction are rooted in existing judicial orders and the law, "are narrowly tailored toward" three groups of information grounded in the law and the redaction would not "frustrate the public policy regarding confidentiality in proceedings" at the Federal Circuit (Amsted Rail Company v. ITC, Fed. Cir. # 23-1355).
BOSTON -- In breakout sessions on operational perspectives on the Uyghur Forced Labor Prevention Act and the technology that can help importers do UFLPA due diligence, CBP officials acknowledged that it's hard to provide the sort of evidence required to clear an applicability review after goods are detained.
U.S. District Judge Brantley Starr for Northern Texas in Dallas denied, via electronic order Friday (docket 3:23-cv-355), AT&T’s Sept. 9 motion to dismiss EDN Communication’s fraud and tortious interference complaint for failure to state a claim. AT&T may file an amended motion to dismiss based on 5th Circuit case law within 28 days, said Starr’s order. EDN in January 2018 became AT&T’s “first and only” minority-owned FirstNet authorized dealer, said its July 27 complaint. But the relationship soured when AT&T “surreptitiously, systematically, and with racist animus,” appropriated money due to EDN and “usurped” EDN’s contacts and value and converted them “to the sole property of AT&T,” said the complaint. It also alleged AT&T stole EDN’s trade secrets, and “inserted an all-white AT&T sales team” to replace EDN and to “destroy the sales organization” that EDN had built, costing the plaintiff more than $100 million in actual damages.
The following lawsuit was recently filed at the Court of International Trade:
The Commerce Department illegally deducted Section 301 China tariff duties from exporter Neimenggu Fufeng Biotechnologies Co.'s U.S. price in the 2020-21 administrative review of the antidumping duty order on xanthan gum from China, Fufeng argued in a complaint at the Court of International Trade. Fufeng added in its seven-count complaint that Commerce improperly decided to directly value energy factors of production in its normal value calculation based on a revision of Ajinomoto (Malaysia) Berhad's preliminary financial ratio calculations (Neimenggu Fufeng Biotechnologies Co. v. United States, CIT # 23-00068).
The following lawsuit was recently filed at the Court of International Trade:
A recent False Claims Act case brought over unpaid marking duties on imports of Mifeprex, the active ingredient for the abortion pill mifepristone, was filed by the Life Legal Defense Foundation in a bid to "take some gold out of Egypt," the foundation's lawyer Catherine Short told Trade Law Daily. "This company is making drugs that kill babies, and we were able to cut away some of their profit from that," Short said.
A recent False Claims Act case brought over unpaid marking duties on imports of Mifeprex, the active ingredient for the abortion pill mifepristone, was filed by the Life Legal Defense Foundation in a bid to "take some gold out of Egypt," the foundation's lawyer Catherine Short told Trade Law Daily. "This company is making drugs that kill babies, and we were able to cut away some of their profit from that," Short said.
The following lawsuit was recently filed at the Court of International Trade: