An importer of weekly/monthly planners told the U.S. Court of Appeals for the Federal Circuit on Sept. 18 that it and the government were in agreement that the Court of International Trade had committed a reversible error by classifying its planners as diaries (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
Court of Federal Appeals Trade activity
Importer Nutricia North America told the U.S. Court of Appeals for the Federal Circuit on Sept. 18 that the government's claims in a customs suit on the company's medical foods present "several fundamental flaws." Nutricia argued that, despite the government's claim that the products are barred from Harmonized Tariff Schedule heading 3004 due to Note 1(a) to chapter 30, the medical foods "easily fall within the terms of heading 3004 as 'medicaments ... for therapeutic uses'" (Nutricia North America v. United States, Fed. Cir. # 24-1436).
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The U.S. Court of Appeals for the Federal Circuit on Sept. 12 allowed the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations appear as an amicus in a case on the Commerce Department's use of the Cohen's d test to detect "masked" dumping. The committee filed the brief to respond to claims from other amici led by the Canadian government, which invoked various academic literature on the use of the test (see 2408230010) (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
The U.S. Court of Appeals for the Federal Circuit on Sept. 11 denied a motion for rehearing from the governments of Canada and Quebec and exporter Marmen Inc. regarding the court's decision sustaining the countervailability of a Canadian tax program. All the judges in regular active service -- Judges Kimberly Moore, Alan Lourie, Timothy Dyk, Sharon Prost, Jimmie Reyna, Richard Taranto, Raymond Chen, Todd Hughes, Kara Stoll, Tiffany Cunningham and Leonard Stark -- agreed to deny the petition (Government of Quebec v. U.S., Fed. Cir. # 22-1807).
The U.S. on Sept. 10 opposed exporter Koehler's request for the Court of International Trade to certify its order permitting service on the company's U.S. counsel to allow for an immediate appeal of the order. The government said an immediate appeal will fail to "materially advance the ultimate termination of the litigation" because the U.S. can still effect service through other means if the court's order is reversed (United States v. Koehler Oberkirch GmbH, CIT # 24-00014).
The U.S. Court of Appeals for the Federal Circuit on Sept. 10 updated its 2024-25 sessions calendar and adopted a new 2025-26 sessions calendar, the court announced. The calendars will see the court hear cases the first full week of each month. In December 2024 and January-May 2025, the court will sit for the entire first full week along with the following Monday.
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
In oral argument Sept. 3 before the U.S. Court of Appeals for the Federal Circuit -- which the case's primary exporter attempted to avoid (see 2408020019 and 2408120039) -- judges clashed with the government over the Commerce Department's decision to assign unallocated costs to overhead, rather than another cost category (Risen Energy Co. v. U.S., Fed. Cir. # 23-1550).
The Court of International Trade on Sept. 9 rejected importer Katana Racing's renewed motion to dismiss the govenrment's action against it seeking over $5.7 million in unpaid duties on passenger vehicle and light truck tires from China, after the U.S. Court of Appeals for the Federal Circuit reversed the trade court's previous dismissal of the case. In her first opinion since being confirmed to the court, Judge Lisa Wang said the U.S. didn't fail to properly identify the "person" liable for the violation, exhaust administrative remedies or bring the case on time (U.S. v. Katana Racing, CIT # 19-00125).