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."
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).
No lawsuits have been filed recently at the Court of International Trade.
Countervailing duty petitioner Nucor Corp. will appeal a Court of International Trade case on whether the Commerce Department can countervail three debt-to-equity infusions made to exporter KG Dongbu Steel Co. in the 2019 CVD review on corrosion-resistant steel products from South Korea. In the case, Judge Jennifer Choe-Groves said Commerce couldn't countervail the D/E swaps after previously refusing to do so in the prior CVD reviews, without finding a mistake of fact or analysis (see 2407030073). The judge then upheld the agency's decision not to countervail the restructurings on remand, finding that the evidence didn't support finding that the South Korean government pressured non-governmental institutions to take part in debt restructuring (see 2501170044) (KG Dongbu Steel Co. v. United States, CIT # 22-00047).
CBP agreed to return the liquidation status of 830 softwood lumber entries of importer Fraserview Remanufacturing to unliquidated while it awaits further instructions from the Commerce Department on how to treat the entries following the relevant antidumping duty and countervailing duty proceedings. The U.S. and Fraserview filed a stipulation for entry of judgment at the Court of International Trade in the importer's case against CBP's erroneous designation of the entries as deemed liquidated (Fraserview Remanufacturing v. United States, CIT # 23-00063).
The government "mostly dodges" the arguments customs broker license exam taker Skeeter-Jo Stoute-Francois makes against four questions on the exam and "baselessly and repeatedly accuses" her of rewriting the challenged questions, counsel for Stoute-Francois argued in a reply brief at the Court of International Trade. The brief said the U.S. "advances a series of impermissible post hoc justifications, misconstrues the applicable standard of review, fails to address several of Plaintiff’s arguments, and improperly relies" on past CIT cases (Skeeter-Jo Stoute-Francois v. Janet Yellen, CIT # 24-00046).