The following lawsuits were filed at the Court of International Trade during the week of Feb. 2-8:
The Commerce Department proposed new guidelines on its “finished merchandise” and “finished goods kits” exemptions from antidumping and countervailing duties on aluminum extrusions from China (A-570-967/C-570-968), in remand results filed on Feb. 6 with the Court of International Trade.
The Court of International Trade on Feb. 6 ordered an importer to pay over $15,000 in penalties for evading antidumping duties (here). NYCC 1959 allegedly imported candles subject to the AD duty order on petroleum wax candles from China, but indicated on entry documentation that the merchandise was not subject to any antidumping duties. The company didn’t respond to the government’s allegations in court within 60 days of the filing of the government’s complaint, so CIT found the company in “default” and automatically found the government’s allegations were true.
Companies can’t challenge CBP classification decisions on behalf of the manufacturers that use their products as inputs, even if they may suffer indirect injury in the form of lost sales, ruled the U.S. Court of Appeals for the Federal Circuit on Feb. 3 in an seesawing case on yarn made by Best Key (here). Instead, they must have suffered direct injury to themselves in order to challenge CBP classification decisions in court, said CAFC as it reversed a February decision from the Court of International Trade.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 26 - Feb. 1:
The following lawsuits were filed at the Court of International Trade during the week of Jan. 19-25:
The U.S. Court of Appeals for the Federal Circuit on Jan. 21 affirmed a lower court ruling that found curtain wall units are subject to antidumping and countervailing duties on aluminum extrusions from China (here). Just as the Court of International Trade did in a ruling issued nearly a year ago (see 14013101), CAFC pointed to a section of the description of the scope of duties on aluminum extrusions that includes parts for curtain walls as products covered by AD/CV duties. Because curtain wall units are parts of curtain walls, they are explicitly included in the scope, said the appeals court.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 12-18:
The Court of International Trade announced on Jan. 15 a change to its rules on filing briefs in court cases involving antidumping and countervailing duties under 28 USC 1581(c) (here). The amendment to the court’s Standard Chambers Procedures (here), approved on Dec. 22, restricts the number of pages lawyers should include in documents attached as appendices to case briefs. The change takes effect Jan. 28.
Three California men face charges of conspiracy to import counterfeit merchandise, according to an Immigration and Customs Enforcement press release dated Jan. 15 (here). Rateb Said Najjar and his son Eyad Rateb Najjar, both of Westminster, were arrested in December and are out on bail while they await arraignment. Amir Ali Shaerzadeh of Irvine also faces conspiracy charges, and is currently a fugitive with an outstanding arrest warrant, said ICE. The three operated businesses that imported and sold counterfeit merchandise from Hong Kong and China bearing the trademarks of Apple, Nokia, Blackberry, Ferrari, Nintendo, and Google, said the enforcement agency. They also face charges for laundering over $5 million and possessing counterfeit merchandise worth more than $2.8 million including cell phones, tablets, computers, portable media players, and game consoles, said ICE. The charges are based on an investigation that began after CBP officers intercepted a shipment of tablets that were found to contain counterfeit software, it said.