Cyber Power Systems has asked the Court of International Trade to bar two witnesses from testifying as well as to introduce testimony in writing from a separate person, according to three separate briefs, filed July 11 (Cyber Power Systems Inc. v. U.S., CIT #20-00124)
The U.S., in defending its affirmative evasion finding in an Enforce and Protect Act case against Leco Supply, unlawfully seeks to rely on adverse inferences that CBP did not make while also conflating CBP's error in failing to follow its own regulations over the redaction of non-business confidential information with the due process violations that stem from its failure to follow those regulations, Leco argued. Submitting a reply brief at the Court of International Trade, Leco continues to pursue its constitutional claims against CBP's evasion proceeding while tackling the agency's evidentiary basis for the evasion finding and its use of adverse inferences (Leco Supply v. U.S., CIT #21-00136).
The U.S. Court of Appeals for the Federal Circuit in a July 12 order lifted a stay in an antidumping duty case concerning whether the Commerce Department can make a particular market situation adjustment to the sales-below-cost test, despite its recent decision in Hyundai Steel Co. v. U.S., which said that Commerce cannot make a PMS adjustment to the sales-below-cost test (see 2112100039) (Saha Thai Steel Pipe Public Co. v. United States, Fed. Cir. #22-1175).
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The Court of International Trade in a July 12 opinion denied a motion from Kevin Ho, owner and director of importer Atria, to dismiss a penalty action for lack of personal jurisdiction. Judge Timothy Reif said that the U.S. properly identified the "who, what, when, where, and how" of Ho's alleged fraud over the alleged illegal importation of HID headlight conversion kits, so personal jurisdiction was established. However, Reif denied in part and granted in part Ho's motion to dismiss for failure to state a claim, holding that the U.S. made insufficient factual allegations on Ho's knowledge and intent to violate customs law based on fraud, but giving the U.S. the opportunity to amend its complaint.
The Court of International Trade should deny a stay motion in a case involving the provision of electricity at less than adequate remuneration in a countervailing duty case, the South Korean government said in a brief filed July 1.
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department erred by finding that the South Korean government's provision of electricity for less than adequate remuneration conferred a non-measurable benefit in a countervailing duty review, U.S. steel company Nucor Corp. argued in a July 8 complaint at the Court of International Trade. During the review, Nucor took issue with the evidentiary flaws with the cost data that Commerce used, telling the agency that it was illegal to say that the data reflected market-based costs. The suit mirrors the language in a separate case brought by Nucor over a different CVD review (Nucor Corporation v. United States, CIT #22-00171).
The Court of International Trade in a July 11 order said that counsel for exporter Guangdong Hongteo Technology Co. could not withdraw from Hongteo's customs classification lawsuit. Judge Jennifer Choe-Groves said that since the plaintiff is a company and not a person, counsel for Hongteo -- namely, Lawrence Pilon and Serhiy Kiyasov of Rock Trade Law -- could not leave the case without substitute counsel first being identified. Pilon and Kiyasov sought to withdraw as counsel since Hongteo did not pay its outstanding legal fees.
The Court of International Trade in a July 12 opinion denied the motion from Kevin Ho, owner and director of importer Atria, to dismiss a penalty action for lack of personal jurisdiction. Judge Timothy Reif said that the U.S. properly identified the "who, what, when, where, and how" of Ho's alleged fraud over the alleged illegal importation of high-intensity discharge headlight conversion kits, so personal jurisdiction was established. However, Reif denied in part and granted in part Ho's motion to dismiss for failure to state a claim, holding that the U.S. made insufficient factual allegations over Ho's knowledge and intent to violate customs law based on fraud. The judge did give the U.S. the opportunity to amend its complaint.