A convicted smuggler of dangerously bright headlights filed status reports Sept. 17 in two civil cases for which he and the United States have been in ongoing settlement negotiations, requesting three more months to “finalize” their agreements (United States v. Chu-Chiang "Kevin" Ho, CIT # 19-00102 and -00038).

Petitioner American Shrimp Processors Association, a defendant-intervenor in a countervailing duty case, “strongly” objected Sep. 17 to a motion by the case’s two plaintiffs to complete the agency record by adding “‘minor corrections’ document packages” offered to the Commerce Department at verification. The untimely motion comes five months after the record was closed, the petitioner said (Industrial Pesquera Santa Priscila v. United States, CIT Consol. # 25-00025).

In remand comments, exporter Saha Thai Steel Pipe said that the Commerce Department wrongly reverted back to its original position on affiliation it had taken despite all parties agreeing with its revised one -- and despite the fact that Court of International Trade Judge Stephen Vaden had only remanded the decision so that Commerce could provide a reasoned explanation for it (Saha Thai Steel Pipe Public Co. v. U.S., CIT # 21-00627).

The U.S. asked the Supreme Court for permission to use an additional 3,000 words in its reply brief in the cases on the legality of tariffs imposed under the International Emergency Economic Powers Act. Solicitor General D. John Sauer said a total of 9,000 words is needed given that the government will have to address "three separate response briefs, with an additional jurisdictional issue, on a highly expedited schedule" (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).

Corey Biazzo, a Charlotte-based civil litigation attorney, filed an amicus brief before the Supreme Court on Sept. 21 in opposition to tariffs imposed under the International Emergency Economic Powers Act. Biazzo's submission is the first amicus brief filed in the case on the merits and argues that President Donald Trump's claimed tariff authority violates separation of powers principles (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).

The following lawsuit was filed recently at the Court of International Trade:

Importer PF America dropped its case at the Court of International Trade on whether its flooring qualifies for an exclusion from Section 301 China tariffs, according to a Sept. 19 notice of dismissal. The importer filed suit in 2022 to claim that its flooring of Harmonized Tariff Schedule subheading 3918.10.1000 qualifies for a Section 301 exclusion under secondary subheading 9903.88.46. Counsel for PF America didn't respond to a request for comment (PF America v. United States, CIT # 22-00060).

The U.S. Court of Appeals for the Federal Circuit issued its mandate Sept. 19 after sustaining the Commerce Department's 2018-19 administrative review of the antidumping duty order on cold-rolled steel flat products from Turkey. The court said in July that Commerce permissibly used respondent Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi's Turkish lira-denominated sales to value the company's home-market sales (see 2507290048). While Habas said the agency had to follow its precedent by using the respondent's dollar-denominated sales, the court held that Commerce had no such obligation, since Habas failed to "reconcile its lira-denominated payment records with its reported dollar prices" (Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi v. U.S., Fed. Cir. # 24-1158).

The U.S. Court of Appeals for the Federal Circuit will consider Nebraska man Byungmin Chae's appeal regarding one question on the April 2018 customs broker license exam without holding oral argument, according to a Sept. 19 notice from the court. The court said the case will be submitted to a three-judge panel on the court who will decide the appeal on the briefs only (Chae v. United States, Fed. Cir. # 25-1379).

The U.S. agreed to classify importer Robert Bosch's human machine interface controllers under the duty-free Harmonized Tariff Schedule subheading of 8517.62.00, according to a stipulated judgment filed at the Court of International Trade on Sept. 19. CBP initially classified the human machine interface controllers under HTS subheading 8543.70.99, which is dutiable at 2.6% and covers other electrical machines and apparatus, having individual functions and not specified elsewhere in the chapter. Subheading 8517.62.00 provides for "Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus" (Robert Bosch v. United States, CIT # 20-00028).