Tire importer ZC Rubber America told the Court of International Trade on July 2 that the government and petitioner Accuride Corp. failed to defend the Commerce Department's "substantial transformation" analysis regarding steel truck wheels made in Thailand with either Chinese-origin rims or discs (Asia Wheel Co. v. United States, CIT # 23-00143).
Litigants in a pair of cases at the U.S. Court of Appeals for the Federal Circuit jumped on the U.S. Supreme Court's move last week to axe the principle of agency deference when interpreting ambiguous statutes (see 2406280051). In notices of supplemental authority, two importers told the appellate court that the Court of International Trade relied on the now-defunct Chevron deference standard.
The Court of International Trade earlier this month approved amendments to its Form 13, which is used to disclose corporate affiliations and financial interest. The changes will take effect Aug. 1, the court announced.
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade on June 21 granted a group of Spanish olive growers' motion to dismiss five of its cases on various reviews of the countervailing duty order on ripe olives from Spain. The dismissals come after the U.S. Court of Appeals for the Federal Circuit rejected a challenge from the olive exporters regarding the Commerce Department's determination on whether demand for a processed agricultural product is "substantially dependent" on its raw upstream iteration for purposes of assigning countervailing duties (see 2405200045). CAFC said the trade court was wrong to impose a 50% threshold in determining substantial dependence (Asociacion de Exportadores e Industriales de Aceitunas de Mesa v. United States, CIT # 24-00078, 23-00076, 23-00039, 22-00106, 21-00338).
Importer Nutricia North America filed an amended opening brief in a customs case at the U.S. Court of Appeals for the Federal Circuit on its substances used to "treat life-treatening diseases in young children," after government attorneys asked for the revisions. The brief was amended in two spots (Nutricia North America v. United States, Fed. Cir. # 24-1436).
The U.S. and importer Fedmet Resources filed dueling briefs at the Court of International Trade discussing the impact of a recent U.S. Court of Appeals for the Federal Circuit decision in an antidumping scope case, Saha Thai Steel Pipe Public Co. v. U.S.
Importer Atlas Power opposed the government's motion to withdraw one of its admissions of fact in a customs case on the assessment of Section 301 tariffs on graphics processing units. The U.S. moved the Court of International Trade to withdraw its admission that the subject merchandise is made "of parts of or accessories to ADP machines classified under subheading 8473.30.1180 of the HTSUS." Atlas said that its goods entered under subheading 8473.30.1180 and CBP didn't "object to the classification during the administrative proceedings leading to this litigation" (Atlas Power v. United States, CIT # 23-00084).
The U.S. on July 1 urged the Court of International Trade to dismiss customs broker Seko Customs Brokerage's suit contesting CBP's suspension of the company from participation in the Entry Type 86 pilot and Customs-Trade Partnership Against Terrorism program. The government said Seko's claims aren't ripe for judicial review, are moot and are premature (Seko Customs Brokerage v. U.S., CIT # 24-00097).
The EU General Court in a pair of decisions on June 26 annulled the sanctions listings of Russian businessman Dmitry Alexandrovich Pumpyanskiy and his wife, Galina Evgenyevna Pumpyanskaya. Pumpyanskiy was listed for supporting the Russian government and acting as a "leading businessperson operating in Russia" providing a "substantial source of revenue to the Government of Russia." He formerly served as chairman of Pipe Metalurgic Company (TMK) and president of investment firm Group Sinara, while his wife was listed solely for her link to the businessman. The court said the European Council can't rely on those listing criteria to maintain Pumpyanskiy's sanctions designation given that he no longer holds those positions at TMK or Group Sinara. Pumpyanskaya was removed because the sole basis of her designation was severed following her husband's successful appeal.