The U.S. said in a Jan. 25 stipulation that it won't oppose an argument from Auxin Solar and Concept Clean Energy that the Court of International Trade has the power to tell the U.S. to reliquidate certain entries in a suit challenging the Commerce Department's pause on antidumping and countervailing duties covering solar cells from four Southeast Asian countries. The U.S. stipulation covers entries that were unliquidated as of the date of an order from CIT that accepts DOJ's stipulation but that subsequently liquidate before the case is resolved (Auxin Solar v. United States, CIT # 23-00274).
The Commerce Department’s “ex parte” meeting with a domestic producer prior to a scope ruling was “egregious” and demonstrated how the scope ruling process is unfair, a tilemaker said Jan. 31 at the Court of International Trade in response to comments from the U.S. and a domestic petitioner on its motion for summary judgment (Elysium Tiles v. U.S., CIT # 23-00041).
Fit for Life, a company that partners with brands such as Gaiam, Reebok, New Balance and Adidas, said at the Court of International Trade that CBP should have classified its imported balance ball chairs as seats of rubber or plastic, a duty-free provision under Harmonized Tariff Schedule heading 9401, rather than as “other articles and equipment for general physical exercises” under heading 9506, which carries a 4.6% duty (Fit for Life LLC v. U.S., CIT # 20-00004).
The U.S. and antidumping petitioner Wind Tower Trade Coalition failed to show that the Commerce Department followed its standard "cost-smoothing" practice when it rejected respondent Marmen Energy's "product-specific plate costs as unreasonable," Marmen said in a Jan. 30 reply brief at the U.S. Court of Appeals for the Federal Circuit (Marmen v. United States, Fed. Cir. # 23-1877).
The Senate on Feb. 1 voted 53-42 to confirm Lisa Wang to serve as a judge on the Court of International Trade.
Chinese printer cartridge exporter Ninetsar Corp. filed its motion for judgment at the Court of International Trade on Jan. 22 against its placement on the Uyghur Forced Labor Prevention Act Entity List. Made public Jan. 31, the brief emphasizes arguments already made in support of its motion for a preliminary injunction (see 2312180057) (Ninestar Corp. v. U.S., CIT # 23-00182).
Crowell & Moring moved its New York office to Two Manhattan West at 375 9th Ave., including the firm's international trade practice, the firm announced. The firm also noted the change in a notice to the Court of International Trade.
The following trade-related lawsuit was recently filed at the Court of International Trade:
Importer Nutricia North America will appeal a December Court of International Trade decision finding that the company's baby formula and vitamins should be classified as food and not as pharmaceutical products (see 2312050028). Nutricia will argue at the U.S. Court of Appeals for the Federal Circuit that its goods, which are meant as dietary supplements for people with disabilities or ailments, fit under duty-free heading 3004 for "mixed or unmixed products for therapeutic or prophylactic use" packaged for retail sale. CBP put the entries under heading 2106, dutiable at 6.4%, as "food preparations not elsewhere specified or included" (Nutricia North America v. United States, CIT # 16-00008).
Three importers of trailer wheels filed complaints in the Court of International Trade on Jan. 30 contesting the Commerce Department’s determination that their wheels were subject to antidumping and countervailing duties and the importers had attempted to evade them (Trailstar LLC v. U.S., CIT # 24-00021; Lionshead Specialty Tire and Wheel LLC v. U.S., CIT # 24-00020; Dexter Distribution Group LLC v. U.S., CIT # 24-00019).