The International Trade Commission should have continued its 2023 injury investigation of aluminum extrusion imports from the Dominican Republic, not ruled the imports were “negligible,” domestic petitioners argued Dec. 22 at the Court of International Trade (U.S. Aluminum Extruders Coalition v. United States, CIT # 23-00270).
The Court of International Trade on Dec. 28 said action camera-maker GoPro's imports of eight camera housing models are properly classified under the company's proffered Harmonized Tariff Schedule subheading of 8529.90.86, free of duty. This subheading provides for "[p]arts suitable for use solely or principally with the apparatus" of heading 8525. Judge Timothy Reif spent the bulk of the opinion discussing how the camera housings do not fit under the heading Customs used, 4202, which carries a 20% duty rate. Reif said the housings are not "cases" because they don't require the user to remove, modify or open to access the camera and because the housings boost the camera's functionality.
The Court of International Trade need not be bound by the a U.S. Court of Appeals for the Federal Circuit ruling that said Section 232 duties are "United States import duties" that can be deducted from U.S. price, exporter Nippon Steel Corp. argued in a Dec. 22 reply brief (Nippon Steel Corp. v. United States, CIT # 21-00533).
The International Trade Comission is required by law to reconsider its original 2016 injury and negligibility determinations in a 2021 sunset review of an antidumping duty order on Turkish hot-rolled steel, an exporter argued Dec. 21 (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00351).
The following lawsuit was filed recently at the Court of International Trade:
The Court of International Trade "should not entertain" importer Greentech Energy Solution's challenge to CBP's extension of the liquidation deadline for the 19 entries at issue since it doesn't appear in Greentech's amended complaint, the U.S. argued. Filing a reply brief Dec. 22, the government said that even if the claim was in the complaint, the trade court doesn't have jurisdiction to hear it since Greentech should have filed a protest with CBP to first challenge the decision (Greentech Energy Solutions v. United States, CIT # 23-00118).
The U.S. Court of Appeals for the Federal Circuit in a text-only order on Dec. 22 gave plaintiffs in the massive Section 301 litigation more time to file their reply brief. The plaintiffs, led by HMTX Industries and Jasco Products, now have until Feb. 12 to file their reply after counsel for the companies said they needed more time due to their "significant additional client responsibilities and obligations that substantially interfere with their ability to file the reply brief by the current deadline" (HMTX Industries v. U.S., Fed. Cir. # 23-1891).
Antidumping duty petitioner the Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group argued in a new lawsuit at the Court of International Trade that the Commerce Department "improperly calculated" exporter Assan Aluminyum Sanayi ve Ticaret's duty drawback adjustment (The Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group v. United States, CIT # 23-00251).
The Court of International Trade has made changes to its fee schedule that will take effect Jan. 22, the court announced. The court's attorney admission fee (the original admission of an attorney to practice) will now be $199, up from $88, while applications to appear pro hac vice, which previously were free, will now cost $75. Renewal of admission registrations will be due every five years, along with a $75 fee, up from $50. Duplicate certificates of admission or certificates of good standing will cost $45, up from $20. Additionally, U.S. government attorneys requesting a certificate of their admission to the trade bar will now pay $45 for the certificate to be printed, instead of $88. Because they can't be charged a fee for admission to practice before CIT, the certificates aren't automatically generated. The fee changes were approved Dec. 12.
The nominations to fill two judicial vacancies at the Court of International Trade were returned to President Joe Biden after the full Senate chamber didn't move to approve the two nominees within the calendar year. The nominations, Lisa Wang, assistant secretary of commerce for enforcement and compliance, and Joseph Laroski, partner at Schagrin Associates, were approved by the Judiciary Committee in September with votes of 12-9 and 18-3, respectively (see 2309140054). Wang faced greater scrutiny from Republicans on the Judiciary Committee, being subjected to questions about comments she made as an undergraduate student regarding "liberal hypocrisy," a term used by a Republican senator in characterizing a specifc comment he questioned (see 2307270043). Wang's and Laroski's nominations sat untouched following their approval from the Judiciary Committee. Biden will have the opportunity to renew their nominations in the new year.