Two 3D-printing pen kit importers moved for judgment Aug. 25 saying their products are demonstrably toys, not hand tools, based on the Carborundum factors (Quantified Operations v. United States, CIT # 22-00178).
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The Court of International Trade on Aug. 26 vacated the National Marine Fisheries Service's comparability findings on New Zealand's West Coast North Island multispecies set-net and trawl fisheries, though the court declined to compel NMFS to issue an import ban on fish and fish products from these fisheries under the Marine Mammal Protection Act (MMPA).
The following lawsuit was filed recently at the Court of International Trade:
The International Trade Commission erred in finding that the U.S. industry wasn't materially injured by solar cell imports from Thailand and Cambodia, the American Alliance for Solar Manufacturing Trade Committee argued in an Aug. 22 complaint at the Court of International Trade (American Alliance for Solar Manufacturing Trade Committee v. United States, CIT # 25-00163).
In response to U.S. opposition (see 2507180057) to its motion for judgment (see 2501270012), exporter Soc Trang Seafood Joint Stock Co. said again that the Commerce Department’s use of Thailand as a surrogate for its countervailing duty review’s land rental prices calculation wasn’t relying on the best available evidence (Soc Trang Seafood Joint Stock Co. v. United States, CIT # 25-00030).
The Commerce Department on remand at the Court of International Trade deselected exporter Shandong Linglong Tyre as a mandatory respondent in the 2016-17 administrative review of the antidumping duty order on passenger vehicle and light truck tires from China. The agency then granted Linglong separate rate status in the review, assigning the company a 41.36% AD rate (YC Rubber Co. (North America) v. United States, CIT Consol. # 19-00069).
Cigarette manufacturer Scottsdale Tobacco said in an Aug. 13 motion for judgment that it was wrongly denied drawback for its Canada-origin paper-wrapped cigarettes entered in 2018 and 2019 (Scottsdale Tobacco v. United States, CIT # 24-00022).
Assemblies of stationary hydrogen fuel cell generators imported by HyAxiom are classifiable in heading 8405 as producer gas or water generators, not in heading 8479 as machines with functions not specified elsewhere or heading 8503 for parts of electric generators, said Court of International Trade Judge Timothy Stanceu in an Aug. 26 opinion. Finding in favor of the classification put forward by HyAxiom, formerly known as Doosan Fuel Cell America, Stanceu held that the HyAxiom’s “PC50 supermodule,” even though not a functioning machine as imported, has the essential character of a gas-generating machine of heading 8405.
The Court of International Trade on Aug. 26 vacated and remanded the National Marine Fisheries Service's comparability findings regarding New Zealand's "West coast, North Island multi-species set-net and trawl fisheries" in a suit from conservation group Maui and Hector's Dolphin Defenders NZ seeking an import ban on fish from these fisheries. Judge Jennifer Choe-Groves held that NMFS' findings are "arbitrary and capricious" and that the agency's decision memorandum is a "cursory seven-page document that is replete with conclusory statements and cites minimal record evidence." However, the judge stopped short of ordering NMFS to implement an import ban, merely leaving this possibility on the table should the agency continue to issue an unsupported conclusion.