The following lawsuits were filed recently at the Court of International Trade:
The Commerce Department has been illegally expanding the reach of an antidumping duty order on artist canvas from China over years of scope rulings for different parties, a textile company argued in a Feb. 26 motion for judgment filed with the Court of International Trade (Printing Textiles d/b/a/ Berger Textiles v. U.S., CIT # 23-00192).
Turkish exporter Kaptan Demir Celik Endustrisi ve Ticaret filed a complaint at the Court of International Trade challenging the Commerce Department's decision on the date of sale of Kaptan's goods in the 2021-22 review of the antidumping duty order on steel concrete reinforcing bar from Turkey (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 24-00018).
CBP imposed interim restrictions on an importer without informing it of an ongoing Enforce and Protect Act investigation, then put partly confidential information on the record without notice so that the importer couldn’t rebut it, that importer said in a Feb. 26 complaint at the Court of International Trade (Superior Commercial Solutions LLC v. U.S., CIT # 24-00052).
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The Court of International Trade on Feb. 26 issued an amended decision in a customs case on the tariff classification of five categories of chrome-plated plastic automobile parts after initially deciding the case Dec. 18. The new decision adds a discussion of axle covers, the fifth category of goods, finding them to fall under Harmonized Tariff Schedule heading 8708 pursuant to General Rule of Interpretation 1.
The Court of International Trade on Feb. 26 again sent back the Commerce Department's decision that Indonesian data is not economically comparable to Vietnam as part of its surrogate country selection process, along with the agency's consideration of evidence pertaining to exporter NTSF Seafoods Joint Stock Company's production information.
Indian exporter Kumar Industries withdrew its appeal of an antidumping duty case at the U.S. Court of Appeals for the Federal Circuit on Feb. 23. The company said that it "has elected not to further pursue its appeal," noting that the U.S. consented to the withdrawal (Kumar Industries v. United States, Fed. Cir. # 24-1293).
The Court of International Trade has jurisdiction over an importer’s case under 28 U.S.C. § 1581(i) because it has previously ruled that an administrative protest against an entry’s liquidation cannot be brought before the liquidation has occurred, that importer said in a brief contesting the U.S. motion to dismiss (Fraserview Remanufacturing Inc. v. U.S., CIT # 23-00063).
Importer Seneca Foods Corp. opposed the U.S. attempt to extend the deadline to file its remand results in a suit on the Commerce Department's decision to reject the company's requests for exclusions from Section 232 steel and aluminum duties. The government asked for another 31 days to file its remand decision after initially being given 90 days to conduct the remand and a 45-day extension (Seneca Foods Corp. v. United States, CIT # 22-00243).