The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade on Dec. 12 remanded the 2021 countervailing duty review on cut-to-length carbon-quality steel plate from South Korea in a confidential decision. Judge Claire Kelly gave the parties until Dec. 16 to review the confidential information in the decision. The central issue in the case is the Commerce Department's finding of de facto specificity regarding the South Korean government's alleged provision of electricity for less than adequate remuneration (see 2408130046). Parties in the case also contest Commerce's refusal to accept the 2021 cost information from the state electricity company, KEPCO, as being untimely filed (Hyundai Steel Co. v. U.S., CIT # 23-00211).
The United Steelworkers labor union again (see 2409050044) said Dec. 10 that an exporter’s temporary-use spare tires should have been covered by an antidumping duty order on passenger vehicle and light truck tires from Taiwan, in a motion for judgment filed with the Court of International Trade (United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC v. U.S., CIT # 24-00165).
The Commerce Department adequately explained its finding that it had sufficient industry support to launch the antidumping and countervailing duty investigations on oil country tubular goods from Argentina, Mexico, South Korea and Russia, the Court of International Trade held in a decision made public Dec. 10. After previously remanding the issue, Judge Claire Kelly held that the agency sufficiently addressed evidence contrary to its conclusion.
The government's cause of action against a surety runs from the date the surety breached the demand for payment on a customs bond and not from the date of liquidation, or deemed liquidation, of the underlying entries covered by the bond, the U.S. argued. Filing a cross-motion for judgment at the Court of International Trade on Dec. 9, the U.S. said it timely filed its case because the suit was brought within six years from the date surety firm Aegis Security Insurance Co. was delinquent on an over $100,000 bill for unpaid duties (United States v. Aegis Security Insurance Co., CIT # 22-00327).
The following lawsuits were filed at the Court of International Trade during the week of Dec. 2-8:
The following lawsuits were recently filed at the Court of International Trade:
Surety firm American Alternative Insurance Corp. filed a cross-claim in a customs penalty suit brought by the U.S. against importer Repwire, its manager Jose Pigna and the surety. On Dec. 9, American Alternative Insurance told the Court of International Trade that Repwire and Pigna should be compelled to pay the over $13 million penalty and that the company and its manager "are obligated to indemnify" the insurance company for the amount of duties and fees being demanded (United States v. Repwire, CIT # 24-00173).
Glycine producer Deer Park Glycine said Dec. 3 that the Court of International Trade does have jurisdiction under section 1581(c), or alternatively 1581(i), to hear its challenge of the Commerce Department’s rejection of Deer Park’s “duplicative” scope ruling request (Deer Park Glycine v. U.S., CIT # 24-00016).
Importer Incase Design Corp. settled four customs cases on its iPad or tablet covers, securing a 5.3% duty rate for the goods, which were originally assessed at 17.6%. Filing four stipulated judgments at the Court of International Trade, Incase said the U.S. agreed to liquidate the covers under Harmonized Tariff Schedule subheading 3926.90.99 after originally liquidating the goods under subheading 4202.92.90. The importer will receive refunds for excess duties paid on its goods (Incase Design Corp. v. U.S., CIT #'s 14-00102, 14-00299, 15-00144, 16-00026).