The following lawsuits were filed recently at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Jan. 9 denied Nebraska man Byungmin Chae's petition for rehearing en banc in Chae's second case on the results of his April 2018 customs broker license examination after the court dismissed the case on the basis that Chae should have raised his claims in his first case on the test.
AD/CVD evasion petitioner U.S. OCTG Manufacturers Association opposed a group of importers' bid for leave to amend their complaints in an Enforce and Protect Act case to add two counts to challenge CBP's initiation of the challenged EAPA investigations as "untimely" and the interim measures imposed as a violation of the importers' due process rights (LE Commodities v. United States, CIT Consol. # 25-00182).
The U.S. either "concedes, does not dispute, or misses the point of, [importer Cozy Comfort's] key arguments" in the importer's appeal of the Court of International Trade's decision classifying The Comfy, an oversized pullover, as a pullover and not a blanket, Cozy argued in a Jan. 9 reply brief at the U.S. Court of Appeals for the Federal Circuit (Cozy Comfort v. United States, Fed. Cir. # 25-1889).
The following lawsuits were filed recently at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Jan. 9 issued mandates in two cases: one from importer Nutricia North America on the classification of its medical food imports (see 2511170047) and the other in a countervailing duty case from exporter Kaptan Demir on the decision not to attribute subsidies provided to Kaptan's input supplier to Kaptan itself (see 2511170018) (Nutricia North America v. United States, Fed. Cir. # 24-1436) (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, Fed. Cir. # 24-1431).
The government moved to stay various cases seeking refunds of tariffs imposed under the International Emergency Economic Powers Act pending the court's resolution of the government's "motion for extended case management procedures" filed in AGS Company Automotive Solutions v. U.S. Customs and Border Protection, one of the lead cases on refunds.
Surety company Aegis Security Insurance filed a brief on Jan. 9 providing additional context for its opposition to the government's third motion for an extension of time to file its opening brief in a suit concerning unpaid duties against the surety despite the fact that the U.S. Court of Appeals for the Federal Circuit granted the extension request (United States v. Aegis Security Insurance, Fed. Cir. # 25-2009).
The U.S. opened a customs penalty suit on Jan. 8 against importers Skyline International and Skyline Brands, along with their owner Zainulabedin Subhani, alleging that the three defendants undervalued their entries of household merchandise. The government is seeking a penalty totaling over $3.4 million for the defendants' alleged fraud along with a judgment of over $447,000, which represents the duties avoided by the defendants (United States v. Skyline International, CIT # 26-00295).
The Commerce Department reasonably used the Thailand Board of Investment's Cost of Doing Business in Thailand 2023 report as a benchmark to determine the benefit for Vietnam's "Exemption or Reduction of Rents for Encouraged Industries" subsidy, the Court of International Trade held on Jan. 8.