The Court of International Trade on Jan. 25 denied a U.S. motion to dismiss a customs case for lack of subject-matter jurisdiction, finding a protest with CBP was not needed for importer Fraserview Remanufacturing's 80 entries that were deemed liquidated despite a Commerce Department order suspending liquidation. Judge Timothy Reif said that because the statute for deemed liquidation requires the entries to not be suspended, the notices of deemed liquidation did not actually liquidate the entries. As a result, relief at the court was not available under Section 1581(a) but was available under Section 1581(i), the court's "residual" jurisdiction.
No trade-related lawsuits were recently filed at the Court of International Trade.
The U.S. Supreme Court on Jan. 22 denied Nebraska resident Byungmin Chae's petition for a rehearing of his petition for writ of certiorari seeking review of a question on his 2018 customs broker license exam. The decision marks the end of his legal remedies -- a process that saw Chae, mostly representing himself, take the case through multiple rounds of appeal at CBP, the Court of International Trade, the U.S. Court of Appeals for the Federal Circuit and the Supreme Court (Byungmin Chae v. Janet Yellen, U.S. Sup. Ct. # 23-200).
Importer Hanon Systems Alabama dismissed at the Court of International Trade on Jan. 22 its lawsuit challenging the Commerce Department's finding that it's circumventing the antidumping and countervailing duty orders on aluminum foil from China by way of South Korea and Thailand (Hanon Systems Alabama Corp. v. United States, CIT # 23-00269).
A South Korean aluminum foil importer filed suit at the Court of International Trade against an anti-circumvention inquiry that found multiple importers attempted to avoid antidumping duties on Chinese aluminum foil using intermediaries in South Korea (Hanon Systems Alabama v. U.S., CIT # 23-00269).
The Commerce Department is barred by law from beginning any new antidumping duty investigations less than two years after it completed an AD investigation on the same product, an importer argued Jan. 22 in the Court of International Trade (Wabtec Corporation v. U.S., CIT # 23-00160).
Past evidence of antidumping and countervailing duty evasion doesn't mean an exporter must still be transshipping goods, the U.S. said Jan. 22 in response to an AD/CVD petitioner’s motion for summary judgment in a case challenging the Commerce Department’s determination that wooden cabinet importers were not attempting to evade AD/CVD orders on products from China (American Kitchen Cabinet Alliance v. U.S., CIT # 23-00140).
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The U.S. moved to dismiss a complaint from solar cell maker Auxin Solar and solar module designer Concept Clean Energy at the Court of International Trade challenging the Commerce Department's pause of antidumping and countervailing duties on solar cells and modules from Southeast Asian countries found to be circumventing the AD/CVD orders on these goods from China (Auxin Solar v. United States, CIT # 23-00274).
The Court of International Trade on Jan. 23 denied a U.S. request for a voluntary remand to reconsider due process issues in an Enforce and Protect Act case involving cast iron soil pipe imports by Phoenix Metal, in light of the U.S. Court of Appeals for the Federal Circuit's ruling in Royal Brush Manufacturing v. U.S.