The following lawsuit was filed recently at the Court of International Trade:
Cable importer Cyber Power Systems said in a March 28 motion for judgment that CBP misclassified its products, resulting in imposition of Section 301 duties. It claimed its cables fall under the tariff-free Harmonized Tariff Schedule provision for “telecommunications cables” because they serve as parts of larger telecommunications systems (Cyber Power Systems (USA) v. United States, CIT # 21-00200).
The Commerce Department erred in picking just one mandatory respondent in the 2017 review of the countervailing duty order on multilayered wood flooring from China, the Court of International Trade held in a decision made public on April 1. In a monster 117-page decision, Judge Timothy Reif remanded parts of the review, including the agency's decision on remand to stick with just one mandatory respondent.
Mediation at the Court of International Trade in Dominican exporter Kingtom Aluminio's challenge to CBP's finding that the company makes aluminum extrusions using forced labor didn't result in a settlement. Judge Leo Gordon submitted a report of mediation on March 28 to the trade court noting the failed outcome of the mediation bid (Kingtom Aluminio v. United States, CIT # 24-00264).
Importer Southern Motion told the Court of International Trade that its electric DC motors were made in Vietnam and thus should have received a country of origin determination of Vietnam and not China. Filing a complaint at the trade court on March 31, Southern Motion said its products were improperly assessed Section 301 duties as a result of the COO decision (Southern Motion v. United States, CIT # 25-00033).
The International Trade Commission and court-appointed amicus Andrew Dhuey scrapped over whether Dhuey should be given access to the business proprietary information in an appeal on the Court of International Trade's rejection of a request to redact information released in a court decision (In Re United States, Fed. Cir. # 24-1566).
The Commerce Department "unreasonably" used adverse facts available against exporter Tanghenam Electric Wire & Cable Co. in the anticircumvention inquiry on aluminum wire cable from China, barring the company from taking part in the certification process, Tanghenam argued in a March 28 complaint at the Court of International Trade (Tanghenam Electric Wire & Cable Co. v. United States, CIT # 25-00049).
The Court of International Trade upheld parts and sent back parts of the Commerce Department's 2017 review of the countervailing duty order on multilayered wood flooring from China.
Antidumping duty petitioner Catfish Farmers of America dropped two cases at the Court of International Trade concerning the surrogate information used in the 2018-19 and 2019-20 reviews of the AD order on frozen fish fillets from Vietnam. The petitioner said that in light of the trade court's recent decision sustaining the Commerce Department's choice of India as a surrogate over Indonesia in a previous review of the same AD order (see 2503100059), it's dismissing its cases on the later two reviews. The petitioner said it's dropping the cases to conserve resources "while continuing to pursue issues relevant to surrogate country and value selection in ongoing and future administrative reviews" (Catfish Farmers of America v. United States, CIT #s 21-00380, 22-00125).
A petitioner March 27 supported a U.S. motion to dismiss exporter Pipe & Piling Supplies’ complaint (see 2503250054). It agreed that the pipe exporter hadn’t established the Court of International Trade has jurisdiction over it (Pipe & Piling Supplies v. United States, CIT # 24-00211).