Importer Advantus Corp. moved to voluntarily dismiss its case seeking to obtain Section 301 tariff refunds at the Court of International Trade. The case was previously stayed pending the appeal of decisions made in two cases, ARP Materials v. U.S. and Harrison Steel Castings Co. v. U.S. In these cases, the U.S. Court of Appeals for the Federal Circuit upheld the trade court's ruling that a protest was needed to retroactively apply Section 301 tariff exclusions (see 2209060035). Both the Federal Circuit and CIT said that they did not have the jurisdiction to hear the challenge since the importers did not timely file protests of the CBP liquidations assessing the Section 301 duties (Advantus Corp. v. United States, CIT #21-00055).
The Court of International Trade should stop the International Trade Commission from releasing a group of plaintiffs' business proprietary information (BPI) to its former counsel and his firm, Buchanan Ingersoll, given the former counsel's alleged "betrayal," the plaintiffs, led by Amsted Rail Co. (ARC), argued in an Oct. 14 complaint at the Court of International Trade. By not blocking the release of the BPI, the ITC is violating the Administrative Procedure Act and the plaintiffs' 5th Amendment due process rights, the brief said (Amsted Rail Co. v. United States International Trade Commission, CIT #22-00307).
The following lawsuits were recently filed at the Court of International Trade:
Plaintiffs in the nine class actions filed so far accusing Samsung of negligence in the summer’s data breaches asked the Judicial Panel on Multi-District Litigation to transfer and consolidate the cases in the U.S. District Court in San Francisco and assign them to District Judge Jacqueline Scott Corley, said their Oct. 7 motion (case no. 3005).
Wire rod importer Kiswire asked the Court of International Trade to consolidate two cases, in an Oct. 14 motion. Similar facts "surround all of the entries" and the two complaints stem from the same agency decision on similar protests, Kiswire said. Both complaints challenge the denial of protests seeking antidumping duty refunds on wire rod from South Korea (see 2210130066). Kiswire said that CBP refused to refund the cash deposits and asserted that the entries were deemed liquidated at a date that would make the protests untimely filed. The cases proposed for consolidation present identical counts and promote "economy of judicial resources" and "avoid duplication of effort" if consolidated, Kiswire said. The government has indicated it doesn't consent to consolidation at this time and intends to file a response to the motion, Kiswire said (Kiswire Inc. v. United States, CIT # 22-00181; Kiswire Inc. and Kiswire Pine Bluff Inc. v. United States, CIT # 22-00285).
The U.S. in an Oct. 13 motion at the U.S. Court of Appeals for the Federal Circuit asked for 30 more days to file an amicus brief in a case over whether the Commerce Department can conduct expedited countervailing duty reviews. The U.S. originally failed to appear in the case, leading to the appellate court inviting the government to file an amicus brief and address whether Commerce has the authority to engage in expedited CVD reviews (see 2206100045) (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, Fed. Cir. #22-1021).
The Court of International Trade should transfer interest in a case contesting the validity of the lists 3 and 4A Section 301 tariffs filed by Hitachi Astemo Ohio Manufacturing to Hitachi Astemo Americas, counsel for Hitachi Astemo Americas said in a motion for transfer of interest. The U.S. consented to the transfer. Both Hitachi Astemo Ohio Manufacturing's and Hitachi Astemo America's cases are under the massive Section 301 litigation. In July, Hitachi Astemo Ohio Manufacturing assigned all its interests in its case to Hitachi Astemo Americas, making it the real party in interest in Hitachi Astemo Ohio Manufacturing's case, the motion said (Hitachi Astemo Americas v. United States, CIT #20-00973).
Plaintiffs in the nine class actions filed so far accusing Samsung of negligence in the summer’s data breaches asked the Judicial Panel on Multi-District Litigation to transfer and consolidate the cases in the U.S. District Court in San Francisco and assign them to District Judge Jacqueline Scott Corley, said their Oct. 7 motion (case no. 3005).
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade: