The Court of International Trade on Jan. 22 largely dismissed importer Prysmian Cables and Systems USA's suit challenging the Commerce Department's denial of its Section 232 steel and aluminum tariff exclusion requests. Judge Stephen Vaden said the company's claims that Commerce failed to act since it didn't perform three required actions for each denial fall short, since the agency didn't fail to act. A denial isn't an "action unlawfully withheld or unreasonably delayed: It is a decision," the court said. The court also dismissed most of Prysmian's challenges to the denials as being arbitrary and capricious, finding them to have been brought beyond the applicable two-year statute of limitations for challenging Section 232 exclusion request denials.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Vehicle side bar importer Keystone Automotive Operations’ classification dispute shouldn’t be granted reconsideration after a Court of International Trade ruling went against it (see 2410070030), the U.S. said Jan. 15 (Keystone Automotive Operations v. United States, CIT # 21-00215).
The National Marine Fisheries Service (NMFS) said comparability findings are coming by Sept. 1, 2025, for "all harvesting nations that did not submit an application for a comparability finding" and all harvesting nations the NMFS has already preliminarily said will be denied a comparability finding. The announcement came as part of a settlement of a lawsuit from three wildlife advocacy groups against the NMFS's failure to ban fish or fish products exported from fisheries that don't meet U.S. bycatch standards under the Marine Mammal Protection Act (Natural Resources Defense Council v. Gina Raimondo, CIT # 24-00148).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were recently filed at the Court of International Trade:
In a complaint filed Jan. 15, steel wire exporter Tree Island said CBP erroneously assessed Section 301 and Section 232 tariffs on 11 of its entries (Tree Island Industries v. United States, CIT # 25-00019).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A food supplement producer’s products are dietary supplements, not food dyes or additives, the U.S. said Jan. 10 in a cross-motion for summary judgment filed in a case dating back to 2012 (BASF Corporation v. United States, CIT Consol. # 12-00422).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: