The U.S. District Court for the Eastern District of New York ordered Hobby Lobby to forfeit a cuneiform tablet engraved with a portion of the epic of Gilgamesh, the Justice Department announced July 27. Hobby Lobby bought the tablet, dubbed the Gilgamesh Dream Tablet and originating in what is now Iraq, from an international auction house for display at the Museum of the Bible in Washington, D.C. Law enforcement seized the tablet in September 2019, as it was alleged to have been illegally brought into the U.S. An antiques dealer and a U.S. cuneiform export shipped it by international post without declaring the contents, the release said. “Forfeiture of the Gilgamesh Dream Tablet demonstrates the Department’s continued commitment to eliminating smuggled cultural property from the U.S. art market,” said Assistant Attorney General Kenneth Polite of the Justice Department’s Criminal Division. “Thwarting trade in smuggled goods by seizing and forfeiting an ancient artifact shows the department’s dedication to using all available tools, including forfeiture, to ensure justice.”
Court of International Trade activity
The following lawsuits were recently filed at the Court of International Trade:
Defendant-intervenors and antidumping case petitioners, led by Catfish Farmers of America, filed comments to remand results in the Court of International Trade on July 28 in a case over an antidumping review on frozen fish fillets from Vietnam. Having already submitted comments on the remand (see 2107160018), the catfish farmers added final comments, arguing that Commerce's continued reliance on total adverse facts available is properly supported by findings "already affirmed by the court," and that Commerce fully addressed the issues remanded by the court despite no longer relying on them (Hung Vuong Corporation, et al. v. United States, CIT #19-00055).
The Commerce Department's use of Thai surrogate data in two antidumping administrative reviews of crystalline silicon photovoltaic cells from China was not properly supported, the Court of International Trade said in two nearly identical July 28 decisions. Judge Claire Kelly, penning the opinions, sought to bring Commerce's practice in line with a U.S. Court of Appeals for the Federal Circuit decision that called unreasonable the agency's “bookend methodology” in selecting the surrogate data. Stopping short of instructing Commerce to cease its use of the Thai data, Kelly found that the agency's rationale was unsupported and remanded the surrogate value selection for further consideration or explanation.
The following lawsuits were recently filed at the Court of International Trade:
A Court of International Trade case seeking Section 301 tariff exclusions for frozen tillapia fillets from China should be stayed until litigation is completed in the massive Section 301 litigation, the Department of Justice said in a July 26 motion to stay. The case, brought by Global Food Trading Corp., featured two protests on CBP's handling of the entries: one seeking reclassification of the fillets under Harmonized Tariff Schedule subheading 0304.61.00 and another seeking the Section 301 exclusions under secondary subheading 9903.88.43. CBP approved the first protest but denied the second. DOJ now requests a stay of litigation over the second protest until a decision is reached and all appeals are concluded in the broader Section 301 challenge involving over 3,500 separate complaints. "It would be an inefficient use of the parties’ and the Court’s resources to litigate the defenses to the Second Cause of Action now, when the merits underlying plaintiff’s claim are being litigated in a separate proceeding, and have not yet come to finality," the motion said (Global Food Trading Corp. v. United States, CIT #21-00263).
The Commerce Department sought a voluntary remand in another Court of International Trade case over Section 232 tariff exclusion denials, on July 26, offering a remand schedule of four tranches, with the fourth to be submitted 325 days after a potential remand order. The case was brought by California Steel Industries, which challenged 193 exclusion request denials from Commerce and then offered the four-tiered remand schedule to address logistics concerns (California Steel Industries, Inc. v. United States, CIT #21-00015). The voluntary remand motion is one of many offered by Commerce which, following the JSW Steel, Inc. v. United States CIT decision, has been remanding other Section 232 exclusion request challenges (see 2107230038). Asked if it's the agency's policy to issue blanket rejections of the exclusion requests and then seek voluntary remands in CIT cases, a Commerce spokesperson said, "The Commerce Department does not comment on matters currently in litigation. The Bureau of Industry and Security reviews each exclusion request on a case-by-case basis."
The Commerce Department should have disregarded petitioners' claims in a countervailing duty investigation on silicon metal from Kazakhstan, said sole respondent to the investigation Tau-Ken Temir in a July 21 brief in the Court of International Trade. The petitioners' conflict of interest claim "lacked merit, not even colorable merit," to the extent that Commerce should have found the petitioners were interfering in the investigation, TKT said. The exporter seeks to have the court throw out Commerce's rejection of its questionnaire responses (Tau-Ken Temir LLP et al. v. United States, CIT #21-00173).
Court of International Trade Judge Claire Kelly remanded the Commerce Department's use of surrogate data from Thailand in two antidumping administrative reviews into crystalline silicon photovoltaic cells from China in two nearly identical July 28 rulings. The judge sought to bring the cases in line with a U.S. Court of Appeals for the Federal Circuit decision that found that Commerce's methodology was unreasonable. Commerce improperly continued to use Thai import data as a surrogate for data on a key input of the solar cells, Kelly said.
The following lawsuits were recently filed at the Court of International Trade: