The following trade-related lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Jan. 29 issued its mandate in a customs case on the classification of textile gloves with a plastic coating on the palm and fingers. The appellate court said the gloves fit under Harmonized Tariff Schedule heading 6116 as gloves and not as articles of plastic under heading 3926 (see 2312060028). Importer Magid argued that Section XI Note 1(h) excluded the gloves from heading 6116 and that the Federal Circuit's ruling in Kalle USA v. U.S., a case concerning sausage casing, precluded classification as textiles and apparel of Section XI (Magid Glove & Safety Manufacturing Co. v. U.S., Fed. Cir. # 22-1793).
Exporter Oman Fasteners asked the U.S. Court of Appeals for the Federal Circuit on Jan. 29 to dismiss petitioner Mid Continent Steel & Wire's appeal of a Court of International Trade decision imposing an injunction on the Commerce Department's antidumping duty cash deposits on Oman Fasteners' steel nail imports. The exporter said the injunction is no longer active because the Commerce Department completed the next administrative review of the AD order, so there is no live controvery in the case (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
The Court of International Trade on Jan. 30 said that for drawback purposes the 10-digit Harmonized Tariff Schedule subheadings should be read starting with their directly adjacent text and not the superior indented text. Judge Claire Kelly said the "plain meaning" of the statute governing substituted unused merchandise drawbacks refers to the "words describing the article adjacent to the 10-digit number."
Rick Sofield, former partner at Vinson & Elkins, joined Debevoise & Plimpton as co-head of the national security practice based in Washington, D.C., the firm announced. Sofield will center his practice on security reviews by the Committee on Foreign Investment in the U.S. and other cross-border transactions and investments. Sofield previously was director of the Foreign Investment Review Staff for DOJ's National Security Division.
The sixth iteration of a draft consolidated text on World Trade Organization reform was circulated to WTO members on Jan. 29, the global trade body announced. WTO members were briefed on the latest updates regarding informal talks on dispute settlement reform during a Jan. 26 meeting of the Dispute Settlement Body, and the WTO said it expects final comments on the text will be incorporated the week of Feb. 5. A final draft text is expected by Feb. 9.
The following trade-related lawsuit was recently filed at the Court of International Trade:
The U.S. swapped out its lead counsel in an antidumping duty case brought by importer Repwire and exporter Jin Tiong Electrical Materials Manufacturer at the U.S. Court of Appeals for the Federal Circuit after its counsel, Eric Singley, left DOJ. The government said in a Jan. 26 notice that it will slot DOJ attorney Kelly Geddes into the lead counsel role. Jin Tiong and Repwire filed the appeal to contest the government's finding that Jin Tiong wasn't eligible for a separate AD rate in the 2019-20 AD review of aluminum wire and cable from China because it didn't submit a separate rate application, even though a separate rate questionnaire was accidentally sent to it (Repwire v. U.S. , Fed. Cir. # 23-1933).
The U.S. Court of Appeals for the Federal Circuit on Jan. 26 gave the U.S. another 14 days to file its response to a group of solar panel exporters' bid for rehearing of the appellate court's ruling that President Donald Trump properly revoked a tariff exclusion for bifacial solar panels. The government has until Feb. 16 to submit its brief, which was invited by the court following the rehearing motion (see 2401220027) (Solar Energy Industries Association v. U.S., Fed. Cir. # 22-1392).
Various importers and exporters are looking to intervene in a suit from solar cell maker Auxin Solar and solar module designer Concept Clean Energy challenging the Commerce Department's pause of antidumping and countervailing duties on solar cells and modules from Southeast Asian countries found to be circumventing the AD/CVD orders on these goods from China (Auxin Solar v. United States, CIT # 23-00274).