The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department filed Oct. 25 for a voluntary remand of a Section 232 exclusion case with the consent of the counsel for the plaintiff, importer CPW America Co., at the Court of International Trade. Finding that the remand would expedite the case's resolution, Commerce said that because the case involves only one exclusion request, the agency would be able to reconsider the exclusion within the standard 90-day remand period (CPW America Co. v. United States, CIT #21-00335).
CBP misclassified imports of certain inflatable swimming pool floats and lounges, importer Swimways Corporation said in an Oct. 22 complaint at the Court of International Trade. Arguing against CBP's classification, Swimways leaned on a case it won at CIT in 2018 favoring its preferred Harmonized Tariff Schedule subheading for the pool floats (Swimways Corporation v. United States, CIT #13-00397).
The Court of International Trade on Oct. 25 reversed the dismissals of multiple tariff classification lawsuits over LED lamps after counsel for the plaintiffs argued that the events that resulted in the dismissals constituted "excusable neglect." Judge Leo Gordon ordered that the 10 dismissed cases be restored to the Customs Case Management Calendar (Target General Merchandise, Inc. v. United States, CIT #14-00283).
Multinational conglomerate Honeywell Inc. expects to pay upwards of $160 million to settle investigations by the Department of Justice and Brazilian law enforcement over alleged violations of the Foreign Corrupt Practices Act, the company said in its quarterly report filed on Oct. 22 with the Securities and Exchange Commission. The company said it continues to cooperate with DOJ and the SEC throughout the investigations, including regarding a potential resolution of the allegations. Honeywell said that it recorded a $160 million charge in its Consolidated Statement of Operations, also accruing a liability on its Consolidated Balance Sheet to account for the expected payout.
The U.S. Court of Appeals for the 2nd Circuit has the jurisdiction to hear a case involving Turkey's state-owned bank Halkbank's sanctions-evasion charges, the appellate court said in an Oct. 22 opinion. Rejecting a motion to dismiss the case from Halkbank, a three-judge panel at the court said that the district court properly found that it had jurisdiction over federal criminal prosecution of Halkbank, skirting immunity conferred under the Foreign Sovereign Immunities Act. However, the 2nd Circuit stopped short of answering whether the FSIA universally confers immunity on foreign sovereigns in a criminal context. Even if the act gave Halkbank immunity, the panel said that Halkbank qualified for commercial activity exceptions to immunity because its sanctions evasion scheme happened in the U.S.
A host of Indian stainless steel flange exporters challenged the Commerce Department's final results of the first administrative review of the antidumping duty order on the subject flanges, in an Oct. 23 complaint at the Court of International Trade. In the complaint's two counts, the exporters are contesting Commerce's determination of the "all other" rate since it was derived using an adverse facts available rate for one of the respondents, and the agency's failure to calculate a dumping margin for respondent Chandan based on its own information instead of relying on AFA (Echjay Forgings Private Limited, et al. v. United States, CIT #21-00542).
Importer Cyber Power Systems (USA) Inc.'s telecommunications cables qualify for Section 301 China tariff exclusions and the duties it paid on the cables should be refunded, the importer argued in an Oct. 22 complaint at the Court of International Trade challenging CBP's denial of its protest, which sought to apply a particular exclusion (Cyber Power Systems (USA) Inc. v. United States, CIT #21-00200).
Exporter Cheng Shin Rubber Ind. Co. failed to obtain the consent of the U.S. before it filed its motion for a statutory injunction against the liquidation of its light-truck spare tire models in an antidumping duty challenge, the Department of Justice argued in an Oct. 13 brief at the Court of International Trade. Rather, counsel for Cheng Shin completely misrepresented DOJ's position, declaring that it had the government's consent for the injunction, when it didn't, DOJ said. Opposing the scope of the injunction, which the court has already granted, DOJ also took issue with the fact that Cheng Shin applied for an "open-ended injunction" (Cheng Shin Rubber Ind. Co. Ltd. v. U.S., CIT #21-00398).
The Court of International Trade on Oct. 22 backed the Commerce Department's decision to pick Malaysia as the primary surrogate country in an antidumping duty review, despite using a Romanian company's financial statements to determine the surrogate financial ratios is backed by substantial evidence. Sustaining Commerce's remand results in the AD review, Chief Judge Mark Barnett also upheld the agency's surrogate value selection for bituminous coal, an input of the subject merchandise of the review, activated carbon, and Commerce's financial ratio calculations.