After Court of International Trade Judge Stephen Vaden questioned the International Trade Commission in an oral hearing for what he considered to be over-redaction of a petitioner’s record information (see 2404010066), that petitioner supported the ITC’s decision in a brief May 22 (OCP v. U.S., CIT Consol. # 21-00219).
CBP “without explanation” reclassified imported nitrile rubber gloves as non-medical gloves and subjected them to a 3% duty rate, despite the gloves meeting all FDA requirements for medical gloves, their importer said in a complaint filed at the Court of International Trade May 22 (SW Technologies v. U.S., CIT # 23-00119).
A tire importer that alleges that CBP illegally liquidated its entries before the end of litigation regarding those entries opposed, in a May 22 brief, the government’s motion to dismiss its case. The trade court asked the importer to answer whether the court has jurisdiction “to review the denial of a protest if the basis for the denial" is orders by the Commerce Department (see 2405070052) (Acquisition 362 v. U.S., CIT # 24-00011).
Lawyers gave feedback this week on recently issued Commerce Department antidumping and countervailing duty regulations, with at least one attorney saying the changes were mostly positive for petitioners. They also discussed challenges faced by different parties during International Trade Commission investigations, and they said they sided with the ITC in its ongoing defense of its treatment of confidential information at the Court of International Trade.
The U.S. told the Court of International Trade on May 22 that a corrected notice of denial of a customs broker license has been sent to a Georgia woman. The woman is suing the government to contest six questions on the licensing exam after scoring 73.75% on it, just short of the 75% or above she needed to pass (see 2402160040) (Skeeter-Jo Stoute-Francois v. U.S., CIT # 24-00046).
In reply briefs May 17, a rail coupler importer refused to back down on its argument before the Court of International Trade that the Commerce Department can’t begin new investigations fewer than two years before completion of a previous one due to statutory language governing changed circumstances reviews (Wabtec Corporation v. U.S., CIT #s 23-00160, -00161).
The U.S. moved to dismiss a customs penalty suit it brought against importers Cruzin Cooler and Bad Lama and their owner Kevin Beal after it already obtained default judgment from the Court of International Trade against the companies for knowingly misclassifying their entries to lower their duty liability (United States v. Cruzin Cooler, CIT # 15-00333).
CBP continued to find on remand that importer Skyview Cabinet USA evaded the antidumping and countervailing duty orders on wooden cabinets and vanities from China. After having the case returned to the agency following the U.S. Court of Appeals for the Federal Circuit's decision in Royal Brush Manufacturing v. U.S., CBP allowed Skyview to submit rebuttal factual information to confidential information it didn't originally have access to, though it ultimately came to the same conclusion (Skyview Cabinet USA v. United States, CIT # 22-00080).
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U.S. Steel Corp. moved for leave to join importer California Steel Industries' case challenging rejections of its requests for Section 232 steel and aluminum tariff exclusions as amicus curiae, after its efforts to intervene in the suit were thwarted by the U.S. Court of Appeals for the Federal Circuit (California Steel Industries v. United States, CIT # 21-00015).