The Commerce Department was wrong to include dual-stenciled pipe imported as line pipe within the scope of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand, the Court of International Trade said in an Oct. 6 order, remanding the scope ruling to Commerce for further consideration. Seeing as there were no Thai manufacturers who even made line pipe at the time of the AD order, the ITC therefore never made an injury determination on line pipe from Thailand. This led Judge Stephen Vaden to hold that line pipes are excluded from the scope of the order.
The Court of International Trade doesn't have jurisdiction over cases in which CBP seized goods, Judge Gary Katzmann ruled in an Oct. 7 order. Instead, jurisdiction in these instances lies exclusively with federal district courts, the judge said. Since the seizure of an import does not deem a product excluded, and thus precludes any protestable event, jurisdiction at CIT is barred for seized goods, the court found.
The following lawsuits were recently filed at the Court of International Trade:
A host of mattress companies in two Court of International Trade cases cited an Oct. 4 order from Judge Timothy Stanceu in their bid for an open-ended preliminary injunction against the antidumping duty order on mattresses from Vietnam. The order said that the open-ended injunction was warranted since the plaintiff in that case showed a likelihood of irreparable harm if the injunction was not issued in that way (see 2108230059). The U.S. had opposed the open-ended injunction, instead pushing for the injunction to merely run until the end of the first administrative review. The U.S. echoed this opposition in the two cases over the AD mattress order, arguing that if needed the injunction could be extended beyond the end of the first administrative review.
In a complaint at the Court of International Trade, importer Kehoe Component Sales said its heating blanket controllers should be classified under subheading 9032.89.60, dutiable at 1.7%. CBP liquidated the entries under subheading 8537.10.9070, dutiable at 2.7%.
There isn't a need to grant an extension of time for the U.S. to respond to the American Apparel and Footwear Association's motion to file an amicus brief in a customs case since the Department of Justice hasn't given a reason why there should be an extension, the association said in an Oct. 6 reply brief at the Court of International Trade. Also, AAFA argued, there's no reason the brief should not be accepted, and the defendant hasn't offered any reason it would be.
Lawyers for LG Electronics' bid to overturn the International Trade Commission's restrictions on their participation in a solar safeguard review should be dismissed for lack of jurisdiction, the ITC argued in an Oct. 4 motion to dismiss at the Court of International Trade. Even if CIT had jurisdiction, the case is premature since there has been no "justiciable final agency action," the brief said.
The Court of International Trade allowed a company accused of transshipping aluminum extrusions from China in an Enforce and Protect Act investigation to participate in a case over the evasion finding, in an Oct. 7 order. Having previously ruled that the alleged transshipper, Kingtom Aluminio, could not intervene in the case for lack of a legally protectable interest in the case, Judge Richard Eaton ruled that Kingtom's contractual arrangements provide an interest in the transaction at issue that has a direct relationship to the litigation and the existing parties don't adequately represent Kingtom's interests.
Only district courts, not the Court of International Trade, have the jurisdiction to hear cases over property seized by CBP, CIT said in an Oct. 7 order. Dismissing a case brought by Root Sciences over its seized "drug paraphernalia," Judge Gary Katzmann said that since the seized goods were never deemed excluded, there was no protestable action by CBP, precluding jurisdiction at CIT. Katzmann also held that questions about CBP's lack of notice to Root about the seizure should be decided by district courts and not CIT.
The following lawsuits were recently filed at the Court of International Trade: