The following lawsuits have been filed recently at the Court of International Trade:
The Court of International Trade dismissed eight customs cases for lack of prosecution, noting that all cases were previously placed on the customs case management calendar but weren't removed "at the expiration of the applicable period of time of removal."
Cambridge Isotope Laboratories, an importer of enriched isotope compounds, supported Jan. 23 its October motion for judgment (see 2410250044) over the government’s opposition (see 2412260034). It again said its products aren’t covered by the relevant antidumping duty and countervailing duty orders -- or, alternatively, if the orders are ambiguous, the Commerce Department must conduct an analysis of k(1) factors (Cambridge Isotope Laboratories v. United States, CIT # 23-00080).
Responding to a request by the court, multiple parties filed four different briefs addressing the impact of Loper Bright on litigation regarding the use of a differential pricing analysis in a Canadian lumber review (Government of Canada v. United States, CIT Consol. # 23-00187).
The Commerce Department and the International Trade Commission published the following Federal Register notices Feb. 4 on AD/CVD proceedings:
The following new lawsuit was filed recently at the Court of International Trade:
Exporter Nagase & Co. and the U.S. settled all claims in Nagase's suit challenging the first administrative review of the antidumping duty order on glycine from Japan. As a result, the U.S. Court of Appeals for the Federal Circuit dismissed the exporter's appeal of the AD review (Nagase & Co. v. United States, Fed. Cir. # 25-1008).
Importer Eteros Technologies asked the Court of International Trade for an expedited briefing schedule in its suit alleging that CBP retaliated against the company's executives after the company received a favorable ruling at the Court of International Trade (see 2501300018). Eteros said a speedy resolution of the case is needed "to resolve the legal uncertainties created by CBP’s defiance of this Court’s Article III powers and the reach of its national jurisdiction" and its "prior judgments and orders" (Eteros Technologies USA v. United States, CIT # 25-00036).
U.S. Court of Appeals for the Federal Circuit judges didn’t ask much as, on Feb. 3, Chinese exporters led by Carbon Activated Tianjin faced off against petitioners and the United States regarding the results of two administrative antidumping duty reviews on its activate carbon products. The exporters argued, among other things, that the Commerce Department used too narrow a category of product when selecting a surrogate value for the prices of an input (Carbon Activated v. United States, Fed. Cir. # 23-2135, 23-2413).
After President Donald Trump announced his sweeping tariff action on China under the International Emergency Economic Powers Act, as well as now-delayed IEEPA tariffs on Mexico and Canada, trade lawyers told us to expect the duties to be challenged in court. Matt Nicely, lead counsel in the ongoing case against tariffs imposed on China during Trump's first administration, said in an email that a legal challenge is coming, a sentiment echoed across the trade bar.