The following lawsuit was recently filed at the Court of International Trade:
Importer Kyocera Document Solutions America will get refunds on Section 301 duties paid for its printer maintenance kits that were granted a tariff exclusion by the Office of the U.S. Trade Representative. The importer filed a stipulated judgment at the Court of International Trade on an agreed set of facts, which say that the maintenance kits, liquidated under Harmonized Tariff Schedule subheading 8443.99.2050 and assessed Section 301 tariffs under secondary subheading 9903.88.01, fit under the exclusion.
The Commerce Department illegally failed to give exporter Goodluck India a chance to request a review after it was reinstated as subject to an antidumping duty order, Goodluck argued in a Jan. 3 motion for judgment at the Court of International Trade. After the trade court settled a jurisdictional issue in the case, the exporter in a new motion for judgment argued that Commerce violated the law by assessing duties at the adverse facts available rate and deciding that the AFA cash deposit rate became effective on Sept. 10, 2021 -- 10 days after the U.S. Court of Appeals for the Federal Circuit provisionally revoked the order as to Goodluck (Goodluck India Limited v. United States, CIT # 22-00024).
The following lawsuits were filed at the Court of International Trade during the week of Dec. 26 - Jan. 1:
The following lawsuit was recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit in a Dec. 29 order granted the U.S. motion for leave to file a motion to dismiss an Enforce and Protect Act appeal to the extent the motion must be filed within 14 days. The U.S. asked for leave to file the motion seeing as all the entries at issue have been liquidated (Royal Brush Manufacturing v. United States, Fed. Cir. #22-1226).
The U.S. Court of Appeals for the Federal Circuit in a Dec. 30 order gave plaintiff-appellants in a countervailing duty case a two-week extension to file their opening brief, setting the due date at Jan. 17. The appellants, Tau-Ken Temir, Kazakhstan's Ministry of Trade and Integration, and Tau-Ken Samruk, requested the extension -- the second of its kind for the opening brief -- since their counsel, Peter Koenig of Squire Patton, got hit with "two new unanticipated large questionnaire responses due at the" Commerce Department and "two new briefs due at" CIT since the first extension request. Koenig said more time is needed to coordinate a single brief among the three appellants, especially given that one is a foreign government agency (Tau-Ken Temir v. U.S., Fed. Cir. # 22-2204).
The Court of International Trade should not refer to court-annexed mediation a key customs case over whether importer Meyer Corp.'s goods qualify for first-sale treatment, nor should the court retry the issue, the U.S. said in a Dec. 30 motion. Replying to Meyer's bid for a status conference on what to do next in the case, the government said the trade court should reconsider the record before it to find whether Meyer can use the first-sale price for valuing its goods without the consideration of nonmarket economy effects as mandated by the U.S. Court of Appeals for the Federal Circuit (Meyer Corporation v. United States, CIT # 13-00154).
A recent Court of International Trade case that dealt with goods excluded over forced labor concerns ended "with a whimper," leaving the trade bar without any answers on how to challenge CBP forced labor detentions, Crowell & Moring lawyers wrote in a Dec. 29 blog post. Attorneys John Brew, Laurel Saito and Wing Cheung said that while the "importing community was hoping for such guidance," it will be forced to wait as it is "unlikely" that the plaintiff, Virtus Nutrition,will appeal the matter.
The following lawsuits were recently filed at the Court of International Trade: