The Court of International Trade in a July 20 opinion redenominated the U.S.'s counterclaim in a customs case brought by importer Cyber Power Systems as a defense, ruling that the U.S. does not have the statutory authority to make the counterclaim. With the ruling, Judge Claire Kelly denied Cyber Power's motion to dismiss the counterclaim as moot. Kelly ruled that none of the sections in the U.S. code cited by the U.S. give a basis for the counterclaim, which sought to reclassify imported cables.
The following lawsuits were recently filed at the Court of International Trade:
A recent Court of International Trade opinion finding that the Commerce Department appropriately rejected untimely filed questionnaire responses and extension requests is relevant for antidumping duty petitioner Wheatland Tube Co.'s case, the petitioner said in a July 19 notice of supplemental authority (Ajmal Steel Tubes & Pipes Ind. v. United States, CIT #21-00587). In the recent decision in the Tau-Ken Temir v. U.S. case, the court said Commerce properly rejected the hour and 41 minutes-late submissions (see 2207150035). The plaintiffs said that technical difficulties and COVID-19 issues resulted in the late filings, but the court said Commerce did not abuse its discretion in denying the submissions since the plaintiffs' "experienced counsel" should have requested an extension earlier.
A case involving allegedly defective plywood should be dismissed from consideration at the Court of International Trade because the importer has failed to show evidence of actual defect or specific value lost, the government said in a July 18 cross-motion for summary judgement (Bral Corporation v. United States, CIT # 20-00154).
Battery powered flexible electronic eWriter device containing flexible pressure sensitive liquid crystal writing film are properly classified as "optical appliances" under subheading 9013.80.7000 and subject to a product exclusion under Section 301 tariffs, Kent Displays said in a July 18 complaint at the Court of International Trade (Kent Displays, Inc. v. U.S. CIT # 20-00156).
The Commerce Department in July 18 remand results submitted to the Court of International Trade found that there was insufficient evidence to deny antidumping respondent Z.A. Sea Foods Private Limited's (ZASF) Vietnam sales for use in calculating normal value. In the AD case, Commerce rejected ZASF's third-country sales to Vietnam for allegedly ending up in the U.S. to evade the relevant AD order -- this position was sent back by the trade court. On remand, the agency used the Vietnamese sales to calculate normal value, ending on a 1.73% dumping rate for ZASF (Z.A. Sea Foods Private Limited v. United States, CIT Consol. #21-00031).
The Court of International Trade in a July 20 opinion redenominated the U.S.' counterclaim in a customs case brought by importer Cyber Power Systems as a defense, ruling that the U.S. does not have the statutory authority to make the counterclaim. With the ruling, Judge Claire Kelly denied Cyber Power's motion to toss the counterclaim as moot. The counterclaim sought to reclassify Cyber Powers' cable imports under Harmonized Tariff Schedule subheading 8544.42.90. Kelly ruled that none of the sections in the U.S. code cited by the U.S. give a basis for the counterclaim.
The following lawsuits were recently filed at the Court of International Trade:
Agricultural net wraps for baling hay or other silage are not "parts" of agricultural machinery, but rather an input classifiable as fabric, the government said in a July 15 brief at the Court of International Trade (RKW Klerks Inc. v. U.S., CIT #20-00001).
Patented VicFlex sprinkler brackets are properly classified as “parts” of machines for dispersing or spraying liquids under tariff schedule subheading 8424.90.9080 and not subject to Section 301 duties, Victaulic said in a July 15 complaint to the Court of International Trade (Victaulic Company v. United States, CIT #22-00022).