The U.S. agreed to liquidate GoPro's action camera housings under the company's preferred Harmonized Tariff Schedule subheadings, 8529.90.86 or 8529.90.87, which come free of duty. Settling five customs cases brought by GoPro, the U.S. said it will reliquidate the entries under the two subheadings, which provide for parts "suitable for use solely or principally with the apparatus” of HTS heading 8525, and refund any duties paid. The settlements come after a December 2023 CIT decision finding that GoPro's camera housings are camera parts and not cases of subheading 4202.99.9000, dutiable at 20% (see 2312280038) (GoPro v. United States, CIT #'s 20-00085, -00095; 21-00058; 23-00015; 24-00005).

The Court of International Trade sided with the government in a customs case on food producer BASF Corporation's Betatene, in a confidential Aug. 13 decision. Judge Lisa Wang gave parties until Aug. 29 to review the confidential information in the decision, saying she plans to issue a public version of the decision on or before Sept. 12. The U.S. argued that the Betatene, which is formulated from beta-carotene, is a dietary supplement under Harmonized Tariff Schedule heading 2106 (see 2501150089). BASF argued that the goods should have been classified under heading 2936 as a "general-use 'provitamin'" (BASF Corporation v. U.S., CIT Consol. # 12-00422).

Chinese metal locker exporter Hangzhou Evernew Machinery & Equipment brought an Aug. 13 complaint to the trade court contesting the adverse facts available rate it received in a countervailing duty review for providing inconsistent financial statements (Hangzhou Evernew Machinery & Equipment Company v. United States, CIT # 25-00151).

The Court of International Trade on Aug. 11 upheld the Commerce Department's 2021-22 administrative review of the antidumping duty order on crystalline silicon photovoltaic cells from China in a confidential decision. Judge Mark Barnett gave the parties until Aug. 18 to review the confidential information in the decision. In the case, exporter Yingli Energy argued that the trade court should strike down the Commerce Department's ordinary presumption that exporters in non-market economies are under foreign government control, urging the court to undertake a Loper Bright analysis of the AD statute (see 2506050001) (Yingli Energy (China) Co. v. U.S, CIT # 24-00131).

The Court of International Trade on Aug. 12 sent back the Commerce Department's 2021 administrative review of the countervailing duty order on cut-to-length carbon-quality steel plate from South Korea in a confidential decision. Judge Claire Kelly gave the parties until Aug. 18 to review the confidential information in the decision. The suit was brought by exporter Hyundai Steel to contest Commerce's specificity finding regarding the provision of subsidized electricity (see 2505270004). Kelly previously remanded the review after finding that the agency didn't provide a "rational basis" for its de facto specificity finding (see 2412170041). Commerce initially said the Korean steel industry was one of four apparently unrelated industries out of 10 that, together, were the four biggest users of the off-peak electricity program. On remand, the agency switched its grouping to only three industries (Hyundai Steel Co. v. U.S, CIT # 23-00211).

Petitioners led by Insteel Wire Products Company argued Aug. 7 that the Commerce Department doesn’t need to change up its approach for circumvention inquiries on goods that undergo further processing in the United States rather than in a third country (Deacero v. United States, CIT # 24-00212).

The Commerce Department on Aug. 11 clarified the basis it used for applying adverse facts available against respondent Saha Thai Steel Pipe in the 2020-21 administrative review of the antidumping duty order on circular welded carbon and steel pipes and tubes from Thailand. Submitting its remand results to the Court of International Trade, Commerce said it reconsidered Saha Thai and BNK Steel Co.'s affiliation status and found that the two are affiliated based on AFA (Saha Thai Steel Pipe Public Co. v. U.S., CIT # 21-00627).

Conservative advocacy group New Civil Liberties Alliance filed a motion for judgment and opposed motions to stay and transfer its newest case, brought before the U.S. District Court for the Western District of Texas on behalf of outdoor cooking products maker FireDisc and other importers to challenge President Donald Trump’s International Emergency Economic Powers Act tariffs (FIREDISC, Inc. v. Donald J. Trump, W.D. Tex. # 25-01134).

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

Xylem Water Systems USA voluntarily dismissed its 2021 case against the United States on Aug. 8. The plaintiff, an international water systems and technology company, never filed a complaint (Xylem Water Systems USA v. United States, CIT # 21-00409).