The Court of International Trade on Aug. 16 denied a motion by importer Wanxiang America to dismiss a penalty case related to its alleged misclassification and failure to pay associated antidumping duties on tapered roller bearings.
The Court of International Trade on Aug. 17 again declined to allow a government counterclaim to proceed in an importer's denied protest case, redesignating it as a defense, but Judge Gary Katzmann appeared to leave the door open for the government to collect additional duties from the importer. In the case, which involves the classification of dried botanicals, CIT for the fourth time in just over two years said the government can't file counterclaims in cases brought by importers to challenge denied protests. However, should the government convince the court of its preferred classification as a defense, importer Second Nature Designs "may be liable to the Government for increased duties," Katzmann said in a footnote to the opinion.
The following lawsuits were recently filed at the Court of International Trade:
The U.S. urged the Court of International Trade to uphold the Commerce Department's remand results in which it found that Vietnam Finewood Co.'s hardwood plywood made using two-ply panels imported to Vietnam from China is not subject to the scope of the AD/CVD orders on hardwood plywood from China. Submitting remand comments to the court, the agency said that since no party contests the remand results, the court should uphold them (Far East American v. United States, CIT Consol. # 22-00049).
The Court of International Trade should deny a government motion to amend a complaint and toss the action with respect to a single entry, American Home Assurance Company (AHAC) said in an Aug. 14 motion. DOJ is seeking antidumping duties and interest on eight single transaction bonds issued over 20 years ago (U.S. v. American Home Assurance Co., CIT # 20-00175).
DHS Secretary Alejandro Mayorkas and Acting CBP Commissioner Troy Miller must respond to allegations of forced labor used in imported cocoa from Côte d’Ivoire by seven major chocolate companies, the International Rights Advocates (IRAdvocates) said in its Aug. 15 complaint at the Court of International Trade. The suit aims to force DHS and CBP to issue a decision in response to a 2020 petition filed by IRAdvocates along with Corporate Accountability Lab, and the University of California Irvine Law School's Human Rights Clinic (UCI) (International Rights Advocates v. Alejandro Mayorkas and Troy Miller, CIT # 23-00165).
The Commerce Department legally used antidumping duty respondent Dillinger France's normal books and records as facts otherwise available by reallocating production costs between prime and non-prime plate in the AD investigation on carbon and alloy steel cut-to-length plate from France, the Court of International Trade ruled in an Aug. 15 opinion.
The Court of International Trade on Aug. 16 denied a motion by importer Wanxiang America to dismiss a penalty case related to misclassification and failure to pay antidumping duties on tapered roller bearings. Judge Gary Katzmann ruled that the importer's failure to abide by a CBP notice of action could be considered negligence or gross negligence, even though the notice of action wasn't binding on Wanxiang's subsequent entries. Katzmann also found misclassifications can constitute false statements subject to Section 1592 penalties, though he noted Wanxiang's "well-founded concerns" that mere classification disagreements shouldn't rise to the level of a penalty. He also declined to dismiss a count of negligence based on Wanxiang's arguments that a key scope ruling identifying the importer's goods a subject to antidumping duties had not yet been released.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade issued an order last week halting liquidation of imported wooden cabinets and vanities from China that were the subject of an Enforce and Protect Act investigation into possible evasion by importer Scioto Valley Woodworking (American Kitchen Cabinet Alliance v. U.S., CIT # 23-00140).