Importer G&H Diversified Manufacturing on Dec. 19 asked the Court of International Trade for a ruling on a pair of deposition notices directed at CBP and the Bureau of Industry and Security in its lawsuit seeking a Section 232 duty exclusion for its steel tube imports (G&H Diversified Manufacturing v. United States, CIT # 22-00130).
The following lawsuits were filed recently at the Court of International Trade:
The U.S. agreed to grant a drawback claim for an entry of a luxury Porsche 911 Turbo S vehicle, according to a stipulated judgment filed on Dec. 22 at the Court of International Trade (Timothy Brown v. United States, CIT # 20-03733).
Importer Hardware Resources alerted the Court of International Trade to a recent scope ruling by the Commerce Department on feedstock for window blinds, arguing that it helps its case contesting Commerce's scope ruling on wood mouldings and millwork products (Hardware Resources v. United States, CIT # 23-00150).
The U.S. District Court for the District of Columbia last week stayed a proposed class action lawsuit contesting the legality of tariffs imposed under the International Emergency Economic Powers Act pending the Supreme Court's resolution of the lead cases on the issue (Smirk & Dagger Games v. Donald J. Trump, D.D.C. # 1:25-03857).
The following lawsuits were filed recently at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Dec. 23 issued its mandate in an antidumping duty case after the court granted the government's motion for a voluntary remand to reconsider its differential pricing analysis, which is used to identify "masked" dumping. The U.S. asked for the remand after CAFC's rulings in Stupp v. U.S. and Marmen v. U.S., in which the court largely invalidated the Commerce Department's use of the Cohen's d test in its differential pricing analysis. While the court held oral argument on whether a voluntary remand was needed, due to opposition from exporter PT Enterprise, the court ultimately found remand to be proper given that Commerce has "materially changed the policy directly at issue in the case" (see 2512030015). In response to Stupp and Marmen, Commerce has adopted a new "price differences test" to detect masked dumping (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
Importer Blue Sky the Color of Imagination filed a complaint on Dec. 22 in a customs case at the Court of International Trade on the classification of its planning calendars. The complaint comes on the heels of the U.S. Court of Appeals for the Federal Circuit rejecting the trade court's previous ruling in a separate case brought by Blue Sky that classified the importer's goods as diaries under Harmonized Tariff Schedule subheading 4820.10.2010 (see 2512040019) (Blue Sky the Color of Imagination v. United States, CIT # 22-00008).
The Commerce Department stuck with its finding that exporter Hyundai Steel received a disproportionate share of an electricity subsidy in South Korea in the 2021 review of the countervailing duty order on cut-to-length carbon-quality steel plate from South Korea. Submitting remand results on Dec. 23 at the Court of International Trade, Commerce said it changed its analysis of Hyundai's proposed disproportionate use of the subsidy after rebuke from the trade court, but came to the same conclusion (Hyundai Steel v. United States, CIT # 23-00211).
The following lawsuits were filed recently at the Court of International Trade: