The Court of International Trade earlier this month heard oral argument on whether a CBP protest denial effectively revoked a prior CBP protest decision by applying a different tariff classification to identical merchandise, and should have been subject to a notice-and-comment period (Under the Weather v. U.S., CIT # 21-00211).
The Court of International Trade's CM/ECF system will undergo maintenance 6 a.m. to noon EDT Sept. 8, the court announced. The system will be unavailable during this time.
The following lawsuits were recently filed at the Court of International Trade:
Cruise Car, Inc. on Aug. 1 voluntarily dismissed its 2020 customs case against the United States. The golf cart company never filed a complaint (Cruise Car, Inc. v. U.S., CIT # 20-03933).
Citing untimeliness, the U.S. on Aug. 2 sought partial dismissal of a case brought by an aluminum rod importer alleging that the Commerce Department had denied its Section 232 tariff exclusion request on the basis of promises made by a competitor (Prysmian Cables and Systems USA v. U.S., CIT # 24-00101).
The Court of International Trade on Aug. 1 reassigned to Judge Gary Katzmann from Judge Timothy Stanceu two related antidumping duty scope cases regarding steel truck wheels from China. The lead plaintiffs in the proceedings are Asia Wheel Co. and Vanguard National Trailer Corp., which filed the cases to challenge the Commerce Department's "substantial transformation" analysis regarding steel truck wheels made in Thailand with either Chinese-origin rims or discs (see 2407020049). The court didn't immediately respond to a request for comment on the switch (Asia Wheel Co. v. U.S., CIT # 23-00143) (Vanguard National Trailer Corp. v. U.S., CIt # 24-00034).
The Commerce Department chose the wrong primary surrogate country in its antidumping duty review on aluminum foil from China, multiple exporters argued in a motion for judgment July 29. The department chose Romania, citing minor factors of production and slightly more contemporaneous data, over Malaysia and Bulgaria, which were more accurate, they claimed (Jiangsu Dingsheng New Materials Joint-Stock Co. v. U.S., CIT # 23-00264).
The Commerce Department was allowed to rescind the antidumping and countervailing duty reviews on wood moldings and millwork products from China, the U.S. said July 30 in response to several exporters’ April 25 motion for judgment (see 2404240065) (China Cornici Co. Ltd. v. U.S., CIT # 23-00217).
The U.S. opposed Turkish exporter Habas Sinai's motions to intervene as an intervenor in an antidumping case and for an injunction on the liquidation of its entries, arguing that Habas' entries are already liquidated and that the company offers no "good cause" for its delay for timely seeking an injunction from the court (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 24-00018).
Importer King Maker Marketing told the Court of International Trade on Aug. 2 that the date of importation of its paper-wrapped cigarettes was the date on which the goods were withdrawn from a foreign-trade zone and not the date on which they entered the FTZ. As such, the company said in a complaint that its duty drawback claims weren't untimely, since they were filed within five years of the dates on which the goods were withdrawn from the FTZ (King Maker Marketing v. United States, CIT # 24-00134).