Trade-Related Court Cases Filed for Week of April 23-29
The following lawsuits were filed at the Court of International Trade during the week of April 23-29:
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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.
Perfectus Aluminum, Inc., challenging a Commerce Department scope ruling that found its pallets made from 6-series aluminum extrusions are subject to antidumping and countervailing duties on aluminum extrusions from China (see 1707100006). #18-00085. Filed April 23.
Jinxiang Kingkey Trade Co., Ltd., challenging Commerce's denial of its request for a new shipper review on its imports of garlic from China. #18-00086. Filed April 23.
Valeo North America, Inc., challenging the International Trade Commission's final affirmative injury determination in the antidumping and countervailing duty investigations on aluminum foil from China. #18-00087. Filed April 23.
Valeo North America, Inc., challenging Commerce's finding in the final determinations of the antidumping and countervailing duty investigations on aluminum foil from China that automotive fin stock is subject to AD/CV duties. #18-00088. Filed April 23.
Jiangsu Zhongji Lamination Materials Co., Ltd. (f/k/a Jiangsu Zhongji Lamination Materials Stock Co., Ltd.), Shantou Wanshun Package Material Stock Co., Ltd., Jiangsu Huafeng Aluminum Industry Co., Ltd. and Jiangsu Zhongji Lamination Materials Co., (HK) Ltd., challenging Commerce's final determination in the countervailing duty investigation on aluminum foil from China. #18-00089. Filed April 24.
Incase Design, on the classification of its sports armband cellphone holders. CBP classified the merchandise under HTS subheading 4202.99.90, dutiable at 20%. Incase Design says it should have been classified under subheading 9506.99.60 (4%), 3926.90.99 (5.3%), 4016.10.00 (free) or 6307.90.98 (7%). #18-00090. Filed April 24.
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd., Jiangsu Zhongji Lamination Materials Co., Ltd., Jiangsu Zhongji Lamination Materials Stock Co., Ltd., and Jiangsu Huafeng Aluminium Industry Co., Ltd., challenging Commerce's final determination in the antidumping duty investigation on aluminum foil from China. #18-00091. Filed April 24.
Christian Dior NY Inc., on the classification of its leather travel bags. CBP classified the merchandise under HTS subheading 4202.21.9000 (9%). Christian Dior says it should have been classified under subheading 4202.91.0030 (4.5%) or 4202.91.9030 (4.5%). #18-00092. Filed April 25.
Thom Browne, Inc., challenging CBP's denial of first sale treatment in the valuation of its imports of wearing apparel. #18-00093. Filed April 26.
Mitsubishi Fuso Truck of America, challenging CBP's inclusion in the transaction value of its imported trucks certain purported costs for post-importation technical assistance (warranty service in the U.S.). #18-00094. Filed April 27.
TMB 440AE, Inc. (formerly known as Advance Engineering Corporation), challenging a recent Commerce scope ruling that its AEC Pipe is subject to the antidumping duty and countervailing duty orders on seamless carbon and alloy steel standard, line and pressure pipe from China (see 1804250076). #18-00095. Filed April 27.
Continental Automotive Systems, on the classification of nitrous oxide sensors or exhaust sensors. CBP classified the merchandise under subheading 9027.10.20 (1.2% in 2016, 0.8% in 2017). Continental says it instead should have been classified under subheading 9026.80.20 (free). #18-00096. Filed April 27.
The Kalencom Corporation, on the classification of paper-covered presentation boxes. CBP classified the merchandise under subheading 4202.92.9060 (17.6%). Kalencom says it should have instead been classified under subheading 4202.99.10 (3.4%). #18-00097. Filed April 23.
​Appeals of CIT Decisions
No appeals of Court of International Trade decisions were filed at the U.S. Court of Appeals for the Federal Circuit during the week of April 23-29.