The following lawsuits were filed recently at the Court of International Trade:
DOJ attorney Emma Bond left the agency, court filings show. During her time as a senior trial counsel, Bond argued numerous cases for the government in front of the U.S. Court of Appeals for the Federal Circuit and the Court of International Trade.
CBP lacked the authority to reliquidate three drawback claims regarding three jewelry entries made by Importer Zale Delaware, since the drawback claims deemed liquidated, Zale argued in a Nov 24 complaint at the Court of International Trade (Zale Delaware v. United States, CIT # 25-00139).
The Court of International Trade on Nov. 26 found provisions of CBP's Enforce and Protect Act regulations violate importers' due process rights. Judge Jennifer Choe-Groves said a provision which requires notice to the importer no later than five business days after day 90 of an EAPA investigation doesn't give the importer a "procedural due process right to notice" and a "meaningful opportunity to be heard" prior to the imposition of interim measures. She also found CBP erred in taking more than 15 days to open an investigation after receiving an allegation. Instead of vacating the investigation, however, the judge ordered CBP to "rescind the interim and final enforcement measures imposed on quartz countertop products imported by" Superior water Sept. 29, 2022, the date on which the court said CBP was required to start its investigation.
The Court of International Trade on Nov. 25 flipped its decision on the classification of Honeywell's precut, radial, chordal and web fabric pieces used in airplane brakes, finding on reconsideration that they are classifiable as fabrics under subheading 6307.90.98. Previously, Judge Mark Barnett had ruled the segments were "parts of an aircraft" under duty-free subheading 8803.20.00, but Barnett now found that, while the fabric pieces are finished parts of needled preforms, those preforms aren't finished parts, or blanks, of final brake discs. In doing so, he defined a "blank" as an article that undergoes finishing operations and not a substantial transformation.
The following lawsuits were filed recently at the Court of International Trade:
The U.S. asked the U.S. Court of Appeals for the Federal Circuit on Nov. 21 for a voluntary remand in a case involving a challenge to the Commerce Department's use of the Cohen's d test in light of the CAFC's decision in Marmen v. U.S., invalidating the agency's approach to the test. The government asked that oral argument in the case, which is currently set for Dec. 1, be canceled (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
Facing post-shutdown attorney departures and work pileups, DOJ has asked the Court of International Trade for deadline extensions for a number of pending cases.
The Commerce Department permissibly changed its reason for using partial adverse facts available against antidumping duty respondent Saha Thai on remand in the 2020-21 administrative review of the AD order on Thai steel pipes and tubes, the U.S. told the Court of International trade on Nov. 24. The government said Commerce complied with the basic tenets of administrative law by taking new agency action on remand, adding that the agency properly applied partial AFA to find Saha Thai is affiliated with BNK Steel Co., a home market customer (Saha Thai Steel Pipe Public Company v. United States, CIT # 21-00627).
The following lawsuits were filed recently at the Court of International Trade: