Importer New York Mutual Trading dismissed its customs case at the Court of International Trade on Sept. 16. The company brought the suit in 2022 to contest CBP's denial of its protest claiming its frozen shrimp from Vietnam of Harmonized Tariff Schedule subheading 1605.21.1030 had wrongly been assigned the "all others" antidumping duty rate. Counsel for the importer didn't immediately respond to a request for comment (New York Mutual Trading v. U.S., CIT # 22-00293).
Court of International Trade activity
The Court of International Trade will be closed Nov. 29 as part of its observation of Thanksgiving. Judge Mark Barnett made the announcement in an order on Sept. 13. Thanksgiving is Thursday, Nov. 28.
Importer Worldwide Distribution dropped its bid to participate in an appeal of an antidumping duty review after failing to file a notice of appeal. The U.S. Court of Appeals for the Federal Circuit had asked the company whether it sought to take part in the case as an appellant, and, if so, what the court's jurisdiction is over such an appeal (Sahamitr Pressure Container v. U.S., Fed. Cir. # 24-2043).
The U.S. and surety company Aegis Security Insurance Co. on Sept. 13 asked the Court of International Trade to use the items produced in discovery in a separate case involving both parties (U.S. v. Aegis Security Insurance Co., CIT # 22-00327).
The following lawsuit was recently filed at the Court of International Trade:
An Indian exporter of off-road tires did receive the benefit of import duty exemptions from the Indian government, a petitioner argued in the Court of International Trade on Sept. 9 (Titan Tire Corporation v. U.S., CIT # 23-00233).
Countervailing duty petitioner Nucor Corp. argued on Sept. 9 that the Commerce Department erred in reconsidering the alleged benefit conferred by debt-to-equity swap element of exporter KG Dongbu's debt restructuring program. Nucor said Commerce "has the inherent authority to reconsider its prior determinations, whether or not that reconsideration is based on specific types of new evidence on the record," making the decision to countervail the debt-to-equity swaps lawful, despite the agency having come to different conclusions in the past (KG Dongbu Steel Co. v. United States, CIT # 22-00047).
U.S. seafood seller Luscious Seafood argued on Sept. 13 that the Commerce Department misinterpreted the statute when it found that the company didn't qualify as a bona fide wholesaler of the domestic like product. As a result of its finding, Commerce found Luscious' request for administrative review of the antidumping duty order on frozen fish fillets from Vietnam invalid (Luscious Seafood v. United States, CIT # 24-00069).
Responding to a trade court remand order (see 2404230031), the Commerce Department said it has reconsidered its decision and chosen to apply the subsidies received by unaffiliated suppliers of lumber to a few expedited Canadian lumber review respondents -- though this ultimately had no effect on those respondents’ countervailing duty rates (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. U.S., CIT # 19-00122).
The Court of International Trade on Sept. 12 dismissed a customs penalty suit against Greenlight Organic and its owner Parambir Singh "Sonny" Aulakh after the parties filed a joint stipulation of dismissal. The parties told the court a settlement was reached in the case, which was filed in 2017 to address an alleged misclassification scheme carried out by the defendants (see 2409090056) (United States v. Greenlight Organic, CIT # 17-00031).