The U.S. told the Court of International Trade on Sept. 18 that CBP seized an entry of 7-keto dehydroepiandrosterone at issue in a suit brought by importer UniChem Enterprises (UniChem Enterprises v. United States, CIT # 24-00033).
A petitioner supported the U.S. argument (see 2408230020) that the Commerce Department correctly calculated a Canadian lumber review respondent’s costs under the transactions disregarded rule. The Sept. 10 reply brief comes as part of a wide-branching case whose parties include the government of Canada (Government of Canada v. United States, CIT Consol. # 23-00187).
An importer of weekly/monthly planners told the U.S. Court of Appeals for the Federal Circuit on Sept. 18 that it and the government were in agreement that the Court of International Trade had committed a reversible error by classifying its planners as diaries (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
Importer Nutricia North America told the U.S. Court of Appeals for the Federal Circuit on Sept. 18 that the government's claims in a customs suit on the company's medical foods present "several fundamental flaws." Nutricia argued that, despite the government's claim that the products are barred from Harmonized Tariff Schedule heading 3004 due to Note 1(a) to chapter 30, the medical foods "easily fall within the terms of heading 3004 as 'medicaments ... for therapeutic uses'" (Nutricia North America v. United States, Fed. Cir. # 24-1436).
International trade lawyer Mary Mikhaeel will leave Miller & Chevalier, where she has worked as a senior associate since January 2023, according to a notice at the Court of International Trade. The firm said Mikaheel will leave the firm effective Sept. 23. Mikhaeel told Trade Law Daily she will be joining Covington's business and human rights practice group. She has been at Miller & Chevalier since 2020, when she joined as an associate, moving from Fox Rothschild.
The Commerce Department erred in treating fees exporter Finieco Industria e Comercio de Embalagens paid to a U.S. company as a direct expense in the antidumping duty investigation on paper shopping bags from Portugal, Finieco said in a Sept. 17 complaint at the Court of International Trade (Finieco Industria e Comercio de Embalagens v. U.S., CIT # 24-00160).
The U.S. pushed back against a paint nozzle importer Sept. 17 in a response to a motion for judgment in which the importer argued one if its products -- parts of spray nozzles intended to control the flow of liquid paint -- fell into a heat sink manifold exclusion in an antidumping duty order on aluminum extrusions from China (Wagner Spray Tech Corp. v. U.S., CIT # 23-00241).
The Court of International Trade on Sept. 18 sustained the Commerce Department's decision on remand to weight average zero percent and adverse facts available antidumping rates to set the rate for the non-individually examined respondents in the 2016-17 review of the AD order on multilayered wood flooring from China.
Importer Cozy Comfort Co. moved on Sept. 17 to exclude the testimony of sales and marketing lecturer Patricia Concannon regarding the tariff classification of The Comfy, a wearable blanket. The motion was issued ahead of a bench trial on the classification of the item (Cozy Comfort Company v. U.S., CIT # 22-00173).
The Commerce Department said on remand at the Court of International Trade that Germany's Konzessionsabgabenverordnung (KAV) program, which exempts from a fee gas and power pipeline companies that sell electricity below a certain price, isn't de facto specific. The fees would otherwise be passed on to consumers. Commerce made the finding on Sept. 17 after being instructed by the trade court to conduct a de facto specificity analysis (BGH Edelstahl Siegen v. U.S., CIT # 21-00080).