Court of International Trade Judge Timothy Reif heard oral argument Jan. 18 in a case concerning the 2019 administrative review of the antidumping duty order on mattresses from Vietnam. Parties discussed the Commerce Department’s reliance on incomplete records and public access to a surrogate’s financial information (Ashley Furniture Industries v. U.S., CIT # 21-00283).
The U.S. Court of Appeals for the Federal Circuit on Jan. 26 granted the U.S. request for a voluntary remand in an Enforce and Protect Act case led by American Pacific Plywood to address the Federal Circuit's holding in Royal Brush Manufacturing v. U.S. In that decision, the appellate court said CBP violated an EAPA respondent's due process rights by not providing it with access to confidential business information in the investigation (American Pacific Plywood v. U.S., Fed. Cir. # 23-2321).
An exporter Jan. 26 asked the Court of International Trade to review the Commerce Department’s rejection of a scope ruling application that the agency said was duplicative (Deer Park Glycine, LLC v. U.S., CIT # 24-00016).
Chinese printer cartridge exporter Ninestar Corp. argued that it didn't need to exhaust its administrative remedies regarding its listing on the Uyghur Forced Labor Prevention Act Entity List before seeking judicial review because the case arises under the Administrative Procedure Act. As a result, exhaustion is required only when an agency rule requires appeal before review, Ninestar said (Ninestar Corp. v. U.S., CIT # 23-00182).
The Court of International Trade granted in part and denied in part the government’s motion to bar a wristwatch exporter from using certain supplemental discovery materials that were filed late -- a set of photographs and samples of crystals used in some of the watches -- in any further proceedings. The court barred Ildico from using the photographs, saying the exporter had not made a “sufficiently diligent” search for them earlier. Judge Jane Restani allowed continued use of the sample crystals for now but said she was “mystified” by the actions of both parties (Ildico Inc. v. U.S., CIT # 18-00136).
Scheduled maintenance on the Court of International Trade's CM/ECF system will make it unavailable to users Feb. 17, 8 a.m. to 12 p.m. EST, the court announced.
DOJ’s motion to bar a wristwatch exporter from using a late discovery production in any subsequent proceedings, or alternatively to reopen discovery, is just an “illusory claim” because no new information has actually surfaced, the exporter argued Jan. 24 at the Court of International Trade (Ildico Inc. v. U.S., CIT # 18-00136).
The U.S. Court of Appeals for the Federal Circuit on Jan. 25 granted the U.S. government's unopposed motion to voluntarily remand an Enforce and Protect Act case to consider the appellate court's ruling in Royal Brush Manufacturing v. U.S. In Royal Brush, the Federal Circuit said CBP violated an EAPA respondent's due process rights by failing to provide it access to the business confidential information in the proceeding (Skyview Cabinet USA v. United States, Fed. Cir. # 23-2318).
The Court of International Trade on Jan. 25 said importer Fraserview Remanufacturing Inc. didn't need a protest to file suit at the trade court for its entries that were erroneously deemed liquidated while liquidation was suspended. Judge Timothy Reif said that because the statute for deemed liquidation requires the that entries not be suspended, CBP's notices of deemed liquidation didn't operate to actually liquidate the entries.
The following trade-related lawsuits were recently filed at the Court of International Trade: