The Court of International Trade's Pay.gov system will undergo maintenance on Dec. 13, 6 p.m. to 10 p.m. ET, the court said. Documents requiring payment on Pay.gov can't be filed on CM/ECF during this time.
The following lawsuits were filed recently at the Court of International Trade:
Petitioner Brooklyn Bedding's argument against two issues in a case on the antidumping duty investigation on Indonesian mattresses amount to "mere disagreement" with the Commerce Department's decisions, "falling far short of the required showing," the U.S. told the U.S. Court of Appeals for the Federal Circuit in a Dec. 3 reply brief (PT. Zinus Global Indonesia v. United States, Fed. Cir. # 25-1674).
In a Dec. 2 motion for judgment, exporter Kukdo Chemical said the Commerce Department wrongly determined that China’s subsidization of the country’s own chemical industry conferred a transnational countervailable subsidy to it itself, an unrelated Korean producer (Kumho P&B Chemicals v. United States, CIT Consol. # 25-00143).
The Court of International Trade erred in ruling that importer Blue Sky The Color of Imagination's planning calendars are diaries under Harmonized Tariff Schedule subheading 4820.10.2010, the U.S. Court of Appeals for the Federal Circuit held on Dec. 4. Judges Alan Lourie, William Bryson and Raymond Chen said the trade court violated the principle of stare decisis by skirting the CAFC's prior interpretation of the term "diary."
The Court of International Trade on Dec. 5 partly remanded and partly sustained a Commerce Department countervailing duty investigation of Malaysian wind towers. It sustained the use of a Singaporean Tier III electricity benchmark, but remanded to have Commerce explain how it now calculates entered value adjustments and address exporter CS Wind’s concern about Malaysian land benchmarks.
The following lawsuits were filed recently at the Court of International Trade:
The U.S. filed a reply brief in support of its motion to dismiss a case from importer Eteros Technologies and three of its executives alleging retaliation against the parties for winning a customs case at the Court of International Trade. The government told the U.S. District Court for the Western District of Washington the plaintiffs "continue to conflate customs and immigration law" and failed to "plead sufficient facts to state a plausible claim" (Eteros Technologies USA v. United States, W.D. Wash. # 2:25-00181).
The U.S. Court of Appeals for the Federal Circuit held on Dec. 4 that the Court of International Trade erred in ruling that importer Blue Sky the Color of Imagination's planning calendars are classified as diaries under Harmonized Tariff Schedule subheading 4820.10.20.10. Judges Alan Lourie, William Bryson and Raymond Chen said the trade court violated the principle of stare decisis by going against the CAFC's 2002 ruling in Mead Corp. v. U.S., which interpreted the term "diary" as referring to "retrospective, not prospective" records. However, the Federal Circuit didn't settle on a final subheading for the products at issue, though it noted that the U.S. offered "some seemingly persuasive arguments" for why Blue Sky's goods fall under heading 4820 rather than under heading 4910 as calendars.
The Court of International Trade on Dec. 2 dismissed a pair of cases for failure to file a complaint within the statutorily prescribed time to do so. Both cases were brought by countervailing duty petitioners to contest the Commerce Department's final determination in the CVD investigation on corrosion-resistant steel products from Canada (see 2510290053). The companies, Steel Dynamics and Nucor Corporation, are represented by different attorneys, and neither immediately responded to requests for comment (Steel Dynamics v. U.S., CIT # 25-00237) (Nucor Corporation v. U.S., CIT # 25-00238).