The Court of International Trade erred in holding that the rule established in the USMCA requiring parties seeking CIT review of antidumping duty and countervailing duty proceedings to provide proper notice is a jurisdictional rule, exporter Pipe & Piling Supplies told the U.S. Court of Appeals for the Federal Circuit in its Jan. 13 opening brief (Pipe & Piling Supplies v. United States, Fed. Cir. # 26-1155).
The Court of International Trade on Jan. 14 confirmed that the government's stipulation regarding the availability of refunds from tariffs imposed under the International Emergency Economic Powers Act "applies to all current and future similarly situated plaintiffs."
The following lawsuits were filed recently at the Court of International Trade:
The U.S. on Jan. 12 opposed a group of importers' bid to add two claims to their case challenging CBP's initiation of an Enforce and Protect Act duty evasion investigation as "untimely" and the interim measures imposed as a violation of the importers' due process rights (Centric Pipe v. United States, CIT Consol. # 25-00182).
The Commerce Department properly picked Turkey as a third country comparison market and decided that no adjustment to an antidumping duty respondent's cost of manufacturing was necessary in the AD investigation on melamine from Qatar, the U.S. argued in a Jan. 9 response to petitioner Cornerstone Chemical's motion for judgment at the Court of International Trade (Cornerstone Chemical v. United States, CIT # 25-00005).
The U.S. argued on Jan. 12 that the "undisputed facts" show that importer Lanxess' polymerization accelerator -- a substance used to speed up the chemical process of plastic manufacturing -- can't accelerate a chemical reaction "in its condition as imported," thus removing it from Harmonized Tariff Schedule heading 3915 as a "reaction accelerator" (Lanxess Corporation v. United States, CIT # 23-00073).
The following lawsuits were filed recently at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Jan. 9 denied Nebraska man Byungmin Chae's petition for rehearing en banc in Chae's second case on the results of his April 2018 customs broker license examination after the court dismissed the case on the basis that Chae should have raised his claims in his first case on the test.
AD/CVD evasion petitioner U.S. OCTG Manufacturers Association opposed a group of importers' bid for leave to amend their complaints in an Enforce and Protect Act case to add two counts to challenge CBP's initiation of the challenged EAPA investigations as "untimely" and the interim measures imposed as a violation of the importers' due process rights (LE Commodities v. United States, CIT Consol. # 25-00182).
The U.S. either "concedes, does not dispute, or misses the point of, [importer Cozy Comfort's] key arguments" in the importer's appeal of the Court of International Trade's decision classifying The Comfy, an oversized pullover, as a pullover and not a blanket, Cozy argued in a Jan. 9 reply brief at the U.S. Court of Appeals for the Federal Circuit (Cozy Comfort v. United States, Fed. Cir. # 25-1889).