Trade-Related Court Cases Filed for Week of March 19-25
The following lawsuits were filed at the Court of International Trade during the week of March 19-25:
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Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Yama Ribbons and Bows Co., Ltd., challenging the Commerce Department's final results of its countervailing duty administrative review on narrow woven ribbons from China covering entries in 2015. #18-00054. Filed March 20.
Natural Resources Defense Council, the Center for Biological Diversity and the Animal Welfare Institute, seeking a court order requiring the National Marine Fisheries Service to ban importation of fish from any Mexican fisheries that use gillnets within the vaquita's range (i.e., the northern Gulf of California). #18-00055. Filed March 21.
Mid Continent Steel & Wire, Inc., challenging Commerce's final results of its antidumping duty administrative review on steel nails from China covering entries in 2015-16. #18-00056. Filed March 22.
Severstal Export GmbH and Severstal Export Miami Corporation, challenging the recent 25% tariff on steel issued under Section 232. Severstal says the tariffs are unconstitutional because they were issued for economic and political reasons, not national security, and also argues the tariffs should not apply to shipments in transit as of March 8. #18-00057. Filed March 22.
KYD, Inc., challenging CBP's liquidation of an entry of retail carrier bags after the entry allegedly should have been deemed liquidated, as well as the assessment of "penal duties" on the entry. #18-00058. Filed March 23.
Tobacos de Wilson, Tobacco Rag Processors, Brown-USA, Nippon America and Skate One Corporation, Alliance International, C.J. Holt and Customs Advisory Services, challenging CBP's requirements on Trade Facilitation and Trade Enforcement Act drawback issued in a guidance document. The companies say the guidance improperly modified existing regulation without notice and comment. #18-00059. Filed March 23.
Fayeon Distributors, on the classification of chestnuts. CBP classified the merchandise in subheading 2008.19.9090 (17.9%). Fayeon says they should be classified in subheading 0802.42.0000 (free). #18-00060. Filed March 23.
​Appeals of CIT Decisions
The following appeals of Court of International Trade decisions were filed at the U.S. Court of Appeals for the Federal Circuit during the week of March 19-23:
Can Tho Import-Export Joint Stock Company, appealing a Feb. 13 CIT decision that upheld the final results of the 2013-14 antidumping duty administrative review on frozen warmwater shrimp from Vietnam. #18-1713. Opened March 23.
Silfab Solar, Heliene and Canadian Solar, appealing a March 5 CIT decision rejecting their request for an injunction to block imposition of safeguard duties on solar cells (see 1803060027). #18-1718. Opened March 23.