The Court of International Trade on Aug. 28 denied both the government's and importer HyAxiom's motions for judgment in a customs classification case on PC50 supermodules, which are a part of a stationary hydrogen fuel cell generator known as the PureCell Model 400. Judge Timothy Stanceu said a factual determination is needed on whether the PC50's "principal function" is gas generation.
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
The Commerce Department illicitly expanded the scope of the antidumping duty order on wooden cabinets and vanities from China to cover goods made out of phragmites, exporter Nanjing Kaylang Co. argued in an Aug. 27 motion for judgment at the Court of International Trade. The suit challenges Commerce's scope ruling including Kaylang's goods in the AD order (see 2402210053) (Nanjing Kaylang Co. v. United States, CIT # 24-00045).
Exporter Yingli Energy (China) Co. filed a complaint on Aug. 28 at the Court of International Trade to contest the Commerce Department's denial of its separate rate application in the 10th review of the antidumping duty order on solar cells from China, claiming that it showed its independence from Chinese state control (Yingli Energy (China) Co. v. United States, CIT # 24-00131).
The U.S. submitted proof of service in its customs penalty case against German paper exporter Koehler a week after the Court of International Trade allowed the government to serve the company through its U.S. counsel. The proof of service said the summons and complaint were served on Koehler's Holland & Knight attorneys (United States v. Koehler Oberkirch, CIT # 24-00014).
The U.S. didn’t double-count domestic producers when conducting an industry support survey for an investigation of oil country tubular goods products, the government said Aug. 26. An importer claiming otherwise keeps making arguments it hadn’t raised earlier, it said (Tenaris Bay City v. U.S., CIT # 22-00343).
Exporter Your Standing International argued on Aug. 26 at the Court of International Trade that the Commerce Department erred in using the financial statements of Taiwanese company San Shing Fastech Corporation in calculating Your Standing's constructed value profit in the 2021-22 review of the antidumping duty order on steel nails from Taiwan (Your Standing International v. United States, CIT # 24-00055).
The Commerce Department on remand at the Court of International Trade lowered the dumping margin for exporter Apiario Diamante Comercial Exportadora, known as Supermel, from an 83.72% adverse facts available rate to a 10.52% mark. The agency made the switch in the AD investigation on raw honey from Brazil after incorporating the court's finding that Supermel's failure to reconcile its costs with its beekeeper suppliers' costs was immaterial to the calculation of the AD rate (Apiario Diamante Comercial Exportadora v. United States, CIT # 22-00185).
The Court of International Trade on Aug. 28 rejected the motions for judgment from both importer HyAxiom and the government on the proper classification of PC50 supermodules, which are a part of a stationary hydrogen fuel cell generator. Judge Timothy Stanceu said the court must first resolve whether the goods fit under Harmonized Tariff Schedule heading 8405, which cover gas or water gas generators and is the heading preferred by HyAxiom. The judge said the court must determine whether the PC50's "primary function" is as a gas or water gas generator -- something neither party has sufficiently answered. As a result, both parties' summary judgment motions were denied.
The U.S. and importer Greenlight Organic, along with its owner Parambir Singh "Sonny" Aulakh, agreed to settle a customs fraud suit, the pair said in a joint status report at the Court of International Trade Aug. 23. No details of the settlement were provided, and counsel for Greenlight didn't immediately respond to a request for comment (United States v. Greenlight Organic, CIT # 17-00031).
Vietnam Finewood Co. and Far East American dropped their case at the Court of International Trade challenging CBP's premature liquidation of hardwood plywood entries subject to an Enforce and Protect Act investigation. In a status report filed earlier this month, the companies said they received "partial refunds" and that the rest of the money at issue is "caught up in issues that have caused extraordinary delays not involved with the merits of the appeal or CBP's apparent willingness to work" with the companies to "ultimately effect the refunds in total" (Vietnam Finewood Co. v. United States, CIT # 20-00155).