Importer Atlas Power said April 15 in a reply to a government cross-motion for judgment that “years” after entering its merchandise, the United States was suddenly offering “a recently developed explanation” as to why its products, computer parts, had been assessed Section 301 duties (Atlas Power v. United States, CIT # 23-00084).
The following lawsuits were filed recently at the Court of International Trade:
Importers van Gelder Inc. and Baker Hughes Pressure Control each dropped their customs suit at the Court of International Trade last week. Van Gelder had filed suit to challenge the classification of its vinyl tiles floor covering, seeking an exclusion from Section 301 China tariffs (see 2405060033). Meanwhile, Baker Hughes had launched its case to claim that its steel parts of Harmonized Tariff Schedule subheading 7326.90.8588, dutiable at 2.9%, should be classified under subheadings 8481.90.9085 and 8431.43.4000, free of duty (see 2306300068). Counsel for both importers didn't respond to requests for comment (van Gelder Inc. v. United States, CIT # 21-00160) (Baker Hughes Pressure Control v. United States, CIT # 23-00137).
Plywood importer Interglobal Forest defended April 10 its attempt to have the Court of International Trade take judicial notice of three items from other proceedings: a stipulated judgment, a motion for entry of confession of judgment and a discovery response (American Pacific Plywood v. United States, CIT Consol. # 20-03914).
The Court of International Trade partly granted vehicle accessories importer Keystone Automotive Operations’ request for reconsideration of an Oct. 7 decision. CIT Judge Jennifer Choe-Groves said she had conducted a “traditional eo nomine versus principal use analysis” in her decision, but that Keystone had actually argued that the United States Trade Representative had outlined a “new legal standard” for applying the relevant Section 301 tariff exclusion (Keystone Automotive Operations v. United States, CIT # 21-00215).
CBP improperly classified importer AB Specialty Silicones' specialty silicone chemicals as organic-silicone compounds instead of as silicone compounds or organo-inorganic compounds, AB argued in an April 16 complaint at the Court of International Trade (AB Specialty Silicones v. United States, CIT # 25-00067).
The lawsuit at the Court of International Trade challenging President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs has been assigned to a three-judge panel. Judges Gary Katzmann, Timothy Reif and Jane Restani will hear the case, according to an order from CIT Chief Judge Mark Barnett (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
The U.S. filed motions to transfer the two cases challenging the use of the International Emergency Economic Powers Act filed in federal district courts to the Court of International Trade. In both cases, the government said the trade court has exclusive jurisdiction over the claims raised by both lawsuits, since they "arise out of laws providing for tariffs or the administration or enforcement of those laws" (Emily Ley Paper, d/b/a Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464) (Susan Webber v. U.S. Department of Homeland Security, D. Mont. # 4:25-00026).
Importer GoLabs, doing business as GOTRAX, on April 4 dropped its customs suit at the Court of International Trade on the classification of its "hoverboards." The importer filed a complaint in February, alleging that dicycles with electric motors and gyroscopic balancing technology, marketed as hoverboards, are "children's cycles" and not "bicycles" (see 2502140057). The importer said the hoverboards fit under Harmonized Tariff Schedule subheading 9503.00.0090 and not subheading 8711.60.0050, which comes with a 25% Section 301 duty under secondary subheading 9903.88.02, as classified by CBP. John Peterson, counsel for GOTRAX, said the case will be refiled in a "week or so" due to a "minor jurisdictional glitch" (GoLabs Inc. v. United States, CIT # 25-00003).
The Court of International Trade dismissed two customs cases, one brought by Meijer Distribution and one by Printing Textiles, for failure to prosecute. Both were put on the customs case management calendar but were not removed before the expiration of the "applicable period of time of removal." Meijer's case concerned whether its hand soap entries of Harmonized Tariff Schedule subheading 3401.30.50 were properly hit with Section 301 tariffs (see 2303130060). Meanwhile, the case from Printing Textiles, doing business as Berger Textiles, was on whether its coated fabric imports were properly subject to antidumping duties (see 2303150073). Neither attorney for either company responded to our requests for comment (Meijer Distribution v. United States, CIT # 23-00061) (Printing Textiles v. United States, CIT # 23-00062).