The Court of International Trade in an Aug. 17 opinion appeared to leave the door open for the government to collect additional duties in court cases filed by importers challenging denied protests. In the latest in a series of recently issued decisions finding the government can't file counterclaims in denied protest cases, Judge Gary Katzmann reclassified a government counterclaim as a defense, but said importer Second Nature Designs may be liable for more duties if that defense prevails.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 17 on AD/CVD proceedings:
The Customs Rulings Online Search System (CROSS) was updated Aug. 15 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
A group of solar companies led by JA Solar asked the Court of International Trade on Aug. 16 for the opportunity to conduct oral arguments in a countervailing duty case involving the non-use of China's Export Buyer's Credit Program (Risen Energy Co. v. U.S. CIT # 22-00231).
The Court of International Trade on Aug. 16 denied a motion by importer Wanxiang America to dismiss a penalty case related to its alleged misclassification and failure to pay associated antidumping duties on tapered roller bearings.
The Court of International Trade on Aug. 17 again declined to allow a government counterclaim to proceed in an importer's denied protest case, redesignating it as a defense, but Judge Gary Katzmann appeared to leave the door open for the government to collect additional duties from the importer. In the case, which involves the classification of dried botanicals, CIT for the fourth time in just over two years said the government can't file counterclaims in cases brought by importers to challenge denied protests. However, should the government convince the court of its preferred classification as a defense, importer Second Nature Designs "may be liable to the Government for increased duties," Katzmann said in a footnote to the opinion.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 16 on AD/CVD proceedings:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated Aug. 14 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The Court of International Trade should deny a government motion to amend a complaint and toss the action with respect to a single entry, American Home Assurance Company (AHAC) said in an Aug. 14 motion. DOJ is seeking antidumping duties and interest on eight single transaction bonds issued over 20 years ago (U.S. v. American Home Assurance Co., CIT # 20-00175).