Trade-Related Court Cases Filed Oct. 3-16
The following lawsuits were filed at the Court of International Trade during the weeks of Oct. 3-9 and Oct. 10-16:
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Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Kiswire Inc. and Kiswire Pine Bluff Inc., challenging CBP's denial of its protest claiming its grade 1078+ tire cord quality wire rod from South Korea of Harmonized Tariff Schedule subheading 7213.91.3011 was excluded from the relevant antidumping duty order. #22-00285. Filed Oct. 3.
Dropship Vendor Group LLC, challenging CBP's decision to change the country of origin of its furniture imports from Malaysia to China. #22-00288. Filed Oct. 5.
Jiangsu Alcha Aluminum Co., Ltd. and Alcha International Holdings Limited, challenging the Commerce Department's final results in the administrative review of the countervailing duty order on common alloy aluminum sheet from China, covering entries in 2020. #22-00290. Filed Oct. 6.
Yinbang Clad Material Co., Ltd., challenging the Commerce Department's final results in the administrative review of the countervailing duty order on common alloy aluminum sheet from China, covering entries in 2020. #22-00291. Filed Oct. 6.
Jiangsu Alcha Aluminum Co., Ltd., Baotou Alcha Aluminum Co., Ltd. and Alcha International Holdings Limited, challenging the Commerce Department's final results in the administrative review of the antidumping duty order on common alloy aluminum sheet from China, covering entries in 2020-2021. #22-00292. Filed Oct. 6.
New York Mutual Trading, Inc., challenging CBP's denial of its protest claiming its frozen shrimp from Vietnam of Harmonized Tariff Schedule subheading 1605.21.1030 had wrongly been assigned the "all others" antidumping duty rate. #22-00293. Filed Oct. 7.
Canadian Solar (USA) Inc., challenging CBP's illegal collection of excess safeguard duties on solar cell imports given CIT's order finding unlawful the revocation of a tariff exclusion for bifacial solar panels. #22-00295. Filed Oct. 7.
Waaree Energies, Ltd., and ISS Global Forwarding Texas, Ltd., challenging CBP's illegal collection of excess safeguard duties on solar cell imports given CIT's order finding unlawful the revocation of a tariff exclusion for bifacial solar panels. #22-00296. Filed Oct. 7.
Blue Venture Inc., challenging CBP's denial of its protest claiming its sushi ginger of Harmonized Tariff Schedule subheading 2001.90.60 should be classified under either subheading 2008.99.91 or 0910.11.00. #22-00297. Filed Oct. 11.
Capri Distro LLC, challenging CBP's denial of its protest claiming its electronic vape pens of Harmonized Tariff Schedule subheading 8543.70.9940 were unfairly appraised. #22-00298. Filed Oct. 12.
Southern Cross Seafoods, LLC, challenging the National Marine Fisheries Service's denial of its application for preapproval to import Patagonian toothfish harvested from the Atlantic Ocean north of Antarctica. #22-00299. Filed Oct. 12.
LE Commodities, LLC, challenging CBP's denial of its Section 232 tariff exclusion requests on its steel tubing. #22-00300. Filed Oct. 12.
Shining Solutions, Inc., challenging President Donald Trump's proclamation revoking the Section 201 tariff exclusion for bifacial solar panels. #22-00301. Filed Oct. 12.
Yourtruckshop.com, doing business as Trux Accessories Inc., challenging CBP's denial of its protest claiming its LED lamps of Harmonized Tariff Schedule subheadings 8512.20.20 and 8512.20.40 should be classified under subheading 8539.50.00. #22-00302. Filed Oct. 13.
Light & Hope Energy Co., Ltd., challenging President Donald Trump's proclamation revoking the Section 201 tariff exclusion for bifacial solar panels. #22-00303. Filed Oct. 13.
JA Solar USA Inc., challenging President Donald Trump's proclamation revoking the Section 201 tariff exclusion for bifacial solar panels. #22-00304. Filed Oct. 13.
Hanwha Q Cells America Inc., challenging President Donald Trump's proclamation revoking the Section 201 tariff exclusion for bifacial solar panels. #22-00305. Filed Oct. 14.
Trina Solar (U.S.), Inc., challenging President Donald Trump's proclamation revoking the Section 201 tariff exclusion for bifacial solar panels. #22-00306. Filed Oct. 14.
Amsted Rail Company, Inc., ASF-K de Mexico S. de R.L. de C.V., Strato, Inc., TTX Company and Wabtec Corporation, challenging the International Trade Commission's disclosure of the plaintiffs' business proprietary information under an administrative protective order in a set of antidumping and countervailing duty investigations. #22-00307. Filed Oct. 14.
Astroenergy Solar, challenging President Donald Trump's proclamation revoking the Section 201 tariff exclusion for bifacial solar panels. #22-00308. Filed Oct. 14.
Another four lawsuits were filed at the CIT to challenge lists 3 and 4A Section 301 tariffs on products from China (see 2009220029). For a full list, see the Pacer database.
Appeals of CIT Decisions
The following appeals of Court of International Trade decisions were filed at the U.S. Court of Appeals for the Federal Circuit during the weeks of Oct. 3-9 and Oct. 10-16:
Oman Fasteners, LLC, challenging CIT's August ruling upholding Commerce's surrogate company selection to calculate constructed value profit in the antidumping duty investigation on steel nails from Oman. #23-1039. Opened Oct. 14.