No lawsuits have been filed recently at the Court of International Trade.
The U.S. dropped its appeal of a Court of International Trade decision finding that CBP isn't entitled to Customs Passenger Processing Fees paid by individual passengers who cancel their tickets and never actually travel to the U.S. After the government said it was dropping the case against Southwest Airlines, the U.S. Court of Appeals for the Federal Circuit dismissed the proceeding (Southwest Airlines Co. v. United States, Fed. Cir. # 25-1797).
Exporter Kumho Tire (Vietnam) will appeal the Court of International Trade's decision sustaining the Commerce Department's decision to countervail Vietnamese currency undervaluation, according to an Oct. 21 notice of appeal. In August, the trade court upheld Commerce's finding that the currency undervaluation program was specific to the traded goods sector and thus countervailable in the countervailing duty investigation on passenger vehicle and light truck tires (see 2508220052). In an earlier decision, Judge Timothy Reif held that the agency had the authority to countervail currency undervaluation programs (see 2410280035). Kumho Tire now will take the case to the U.S. Court of Appeals for the Federal Circuit (Kumho Tire (Vietnam) v. United States, CIT # 21-00397).
The Court of International Trade on Oct. 21 granted the government's motion for default judgment against importer E-Dong, U.S.A. for negligently failing to pay a federal excise tax on 20 entries of its "Korean distilled beverage soju." Judge Timothy Reif ordered E-Dong to pay $234,748.30 in unpaid federal excise tax along with pre- and post-judgment interest, which shall be calculated according to the relevant statutes.
The 12 U.S. states challenging President Donald Trump's ability to impose tariffs under the International Emergency Economic Powers Act filed their reply brief at the Supreme Court on Oct. 20, arguing that the text of IEEPA doesn't allow for any tariffs to be imposed and that Trump's reciprocal tariffs and tariffs to combat the flow of fentanyl don't meet the statute's other requirements (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The Court of International Trade on Oct. 17 said that it will remain open despite the lapse in federal appropriations, adding that it will "continue all excepted activities" under the Anti-Deficiency Act and follow the Guide to Judiciary Policy.
The Commerce Department properly excluded importer Elysium Tiles' composite tile from the scope of the antidumping duty and countervailing duty orders on ceramic tile from China, the Court of International Trade held on Oct. 20. After instructing Commerce to consider the (k)(2) scope factors on remand, Judge Jane Restani sustained the agency's (k)(2) analysis as reasonable.
The International Trade Commission inadequately supported its decision not to exclude Amsted Rail from the injury investigation on freight rail couplers (FRCs) from China and Mexico, the Court of International Trade held in a decision made public on Oct. 20. Judge Gary Katzmann held that the ITC didn't articulate a "rational connection" between Amsted's domestic production performance and the decision not to exclude Amsted, nor did it properly support its conclusion that Amsted's exclusion would "skew the data."
The private parties challenging the legality of tariffs imposed under the International Emergency Economic Powers Act filed their reply briefs at the Supreme Court on Oct. 20. The briefs centered their arguments on the text of IEEPA itself, arguing that the law, which only lets the president "regulate ... importation," categorically doesn't confer tariff power to the president. The companies also argued that the major questions and non-delegation doctrines compel the high court to strip President Donald Trump of the unfettered tariff power he claims under the statute (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
Court of International Trade Chief Judge Mark Barnett on Oct. 16 restricted electronic access to sealed documents in light of a "recent escalation in cyberattacks on the CM/ECF systems of federal courts." While sealed documents will continue to be filed in the CM/ECF system under "existing procedures," non-court users no longer can access or view these documents "by electronic means," the court said.