The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade on March 11 granted importer Magid Glove & Safety Manufacturing Co.'s motion to voluntarily dismiss 12 of its customs suits. The voluntary dismissal bid comes after the importer lost a U.S. Court of Appeals for the Federal Circuit case on the classification of its textile gloves with a plastic coating on the palm and fingers (see 2312060028). The appellate court said the gloves are classified as gloves under Harmonized Tariff Schedule heading 6116, not as articles of plastics under heading 3926 (Magid Glove & Safety Manufacturing Co v. U.S., CIT # 16-00036, -00040, -00044, -00149, -00151, -00152, -00153, -00166, 17-00001, -00003, -00004 and -00098).
In a March 8 brief, antidumping and countervailing duty petitioners argued that their case raises an “important issue of first impression for this Court” because it asks whether CBP’s Office of Rulings and Regulations is allowed to reverse evidence-based evasion determinations made at the conclusion of CBP Trade Remedy Law Enforcement Directorate investigations (American Kitchen Cabinet Alliance v. U.S., CIT # 23-00140).
The government was right to say that a Chinese brick importer’s magnesia alumina graphite bricks were subject to antidumping and countervailing duties on magnesia carbon bricks from China, a petitioner argued in a case regarding the quantity of alumina needed to exempt magnesia alumina graphite bricks from duties (Fedmet Resources v. U.S., CIT # 23-00117).
The language of AD/CVD orders on steel wheels from China doesn't prevent the Commerce Department from conducting a substantial transformation analysis on wheels that only have one Chinese-origin component out of two, the U.S. said in a March 8 brief opposing a plaintiff’s motion for judgment (Asia Wheel v. U.S., CIT # 23-00096).
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The Court of International Trade on March 11 sustained the Commerce Department's remand results excluding importer Crane Resistoflex's ductile iron lap joint flanges from the antidumping duty order on pipe fittings from China. Judge Timothy Stanceu upheld the decision as now being in a form the court could sustain, after previously finding it to not be, and as being backed by substantial evidence due to the agency's consideration of a host of (k)(1) factors.
Ford Motor Company agreed to pay $365 million to settle allegations that it knowingly undervalued hundreds of thousands of cargo vans, DOJ announced. The settlement comes five years after the U.S. Court of Appeals for the Federal Circuit ruled that CBP properly classified Ford's Transit Connect vehicles as cargo vans, dutiable at 25%, and not as passenger vans, dutiable at 2.5%.
The following lawsuit was recently filed at the Court of International Trade:
DOJ attorney Tara Hogan submitted a letter to the U.S. Court of Appeals for the Federal Circuit correcting a statement she made during March 7 oral argument in a countervailing duty case on ripe olives from Spain (Asociacion de Exportadores e Industriales v. U.S., Fed. Cir. # 23-1162).