The U.S. said the Supreme Court's decision in Loper Bright Enterprises v. Raimondo, which eliminated the principle of deferring to federal agencies' interpretations of ambiguous statutes, "is not pertinent" to the massive lawsuit on the validity of the lists 3 and 4A Section 301 tariffs (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The Court of International Trade on Aug. 8 denied exporter Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi's motions to intervene in an antidumping case and secure an injunction on its entries. Judge Jane Restani said the case presents a "common situation," whereby the court can't provide Habas the relief it seeks because its entries have liquidated, despite the company's intent to protest the liquidation.
The Court of International Trade on Aug. 8 said anti-forced labor advocacy group International Rights Advocates didn't have standing to challenge CBP's inaction on a petition to ban imports of cocoa from Ivory Coast. Judge Claire Kelly said the group hasn't shown that CBP's failure to respond to the petition "harmed a core business or diminished any asset." Citing the U.S. Supreme Court's recent decision in FDA v. Alliance for Hippocratic Medicine, the judge said resources spent trying to compel the agency to act were expenses for advocacy, which can't establish standing.
The following lawsuits were recently filed at the Court of International Trade:
A petitioner supported the Commerce Department’s decision, on remand, to use Brazilian rather than Mexican labor cost data in its calculation of the antidumping duty margins for two exporters of steel kegs from China (see 2407240018) (New American Keg v. U.S., CIT # 20-00008).
The Court of International Trade on Aug. 5 sustained the Commerce Department's decision to lower the countervailing duty subsidy rate for exporter Yama Ribbons and Bows Co. related to China's Export Buyer's Credit Program, from 10.54% to 0.87%. The result is a final, recalculated 22.2% total subsidy rate for Yama in the 2017 administrative review of the CVD order on narrow woven ribbons from China.
After its bid for a preliminary injunction was denied by Court of International Trade Judge Claire Kelly (see 2407260045), a customs broker fought Aug. 5 against a motion to dismiss its case, saying its complaint was ripe for litigation because CBP had already made the decision to deny its reinstatement to the agency's Entry Type 86 pilot (Seko Customs Brokerage v. United States, CIT # 24-00097).
The Court of International Trade earlier this month heard oral argument on whether a CBP protest denial effectively revoked a prior CBP protest decision by applying a different tariff classification to identical merchandise, and should have been subject to a notice-and-comment period (Under the Weather v. U.S., CIT # 21-00211).
The Court of International Trade's CM/ECF system will undergo maintenance 6 a.m. to noon EDT Sept. 8, the court announced. The system will be unavailable during this time.
The following lawsuits were recently filed at the Court of International Trade: