Recent Court Cases on International Trade for February 15 - February 19
The following Court of Appeals for the Federal Circuit and Court of International Trade cases on international trade issues were dated/decided during February 15 - February 19, 2008:
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CAFC Remands Case to CIT with Instructions to Dismiss Sakar's Complaint in Counterfeit PDAs and Mini-Keyboards from China
Sakar International, Inc. brought suit in the CIT, challenging the administrative decision of U.S. Customs and Border Protection to assess Sakar a civil fine of $67,775 for the importation of travel chargers for Personal Digital Assistants and mini-keyboards for PDAs that CBP determined were counterfeit. On appeal, the CAFC concluded that the CIT lacked jurisdiction, and remanded the case back to the CIT with instructions that Sakar's complaint be dismissed. (Sakar International, Inc, vs. the U.S., 2007-1173, decided 02/19/08)
In Shrimp AD Case, CIT to Review Scope of ITA's Final Determination
The issue in Ad Hoc Shrimp Trade Action Committee, et. al., vs. the U.S. et. al. was the scope of an antidumping investigation and the authority of the CIT to review the final scope determination by the International Trade Administration on frozen and canned shrimp products from Brazil, Ecuador, India, Thailand, China, and Vietnam. The CAFC ruled that the CIT erred in determining that it had no authority to review the ITA's exclusion of "dusted" shrimp from the scope of the AD investigation. The case was remanded to the CIT to address the merits of Ad Hoc's claim concerning the exclusion of "dusted" shrimp. (Ad Hoc Shrimp Trade Action Committee, et. al.., vs. the U.S. et. al., 2007-1230, decided 02/15/08)
CIT Grants Motion in AD case for Preliminary Injunction on Ball Bearings Entries from UK
In an earlier decision on December 10, 2007, the CIT granted NSK Corporation a preliminary injunction suspending liquidation of entries of ball bearings (and parts) imported from May 1, 2006 through April 30, 2007 from the United Kingdom and Japan. In the current case, Plaintiff-Intervenors (collectively identified as "Schaeffler") moved for a preliminary injunction to suspend liquidation of entries of ball bearings imported from Italy, Germany and the United Kingdom during the same period. The CIT granted the motion for a preliminary injunction only for entries from the United Kingdom. (NSK Corporation, et. al., v. U.S. et. al., Slip Op. 08-21, dated 02/15/08)
CAFC decision on Sakar's complaint (Sakar International, Inc, vs. the U.S., 2007-1173, decided 02/19/08) available at http://www.cafc.uscourts.gov/opinions/07-1173.pdf
CIT shrimp AD case (Ad Hoc Shrimp Trade Action Committee, et. al.., vs. the U.S. et. al., 2007-1230, decided 02/15/08) available at http://www.cafc.uscourts.gov/opinions/07-1230.pdf
CIT ruling on ball bearings entries (NSK Corporation, et. al., v. U.S. et. al., Slip Op. 08-21, dated 02/15/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-21.pdf