Importer Amsted Rail Co. argued at the Court of International Trade that the International Trade Commission failed to reconcile its "contradictory conclusions" on the same evidence in finding that the domestic industry was harmed by imports of freight rail couplers. Filing a motion for judgment on Sept. 6, ARC said that didn't account for a key finding in a previous investigation on the freight rail couplers, which said that the domestic industry's health is "disproportionately" tied to demand for the couplers in the original equipment manufacturer market segment (Amsted Rail Co. v. United States, CIT # 23-00268).
Court of International Trade activity
Hoverboards are light electric vehicles, not wheeled toys, the U.S. said in a cross-motion for summary judgment Sep. 4 (3BTech v. U.S., CIT # 21-00026).
Importer Performance Additives filed its opening brief on Sept. 9 at the U.S. Court of Appeals for the Federal Circuit, claiming that the Court of International Trade erred in finding that various of the company's duty drawback claims weren't "deemed liquidated." The company argued that the trade court imposed conditions on the deemed liquidation rule of 19 U.S.C. Section 1504(a)(2)(A) that don't exist in the statute and imposed the rules of Section 1504(a)(2)(B) despite this law not applying to the company's entries at issue (Performance Additives v. United States, Fed. Cir. # 24-2059).
In oral argument Sept. 3 before the U.S. Court of Appeals for the Federal Circuit -- which the case's primary exporter attempted to avoid (see 2408020019 and 2408120039) -- judges clashed with the government over the Commerce Department's decision to assign unallocated costs to overhead, rather than another cost category (Risen Energy Co. v. U.S., Fed. Cir. # 23-1550).
Exporters CS Wind Malaysia and CS Wind Korea filed a complaint at the Court of International Trade on Sept. 6 challenging the Commerce Department's 2021-22 review of the antidumping duty order on utility scale wind towers from Malaysia. The companies, collectively referred to as CS Wind, challenged Commerce's alleged failure to apply a cost adjustment to CS Wind's cost of manufacturing and decision to calculate the constructed value profit and selling expense ratios based on an average of two surrogate Malaysian companies (CS Wind Malaysia v. U.S., CIT # 24-00150).
In defense of its motion for summary judgment and opposition to the government’s, an airplane parts importer said Aug. 30 that Harmonized Tariff Schedule heading 8803, which covers “parts of goods” for aircraft or nonpowered aircraft, is more specific than heading 6307, which represents “other made up articles, including dress patterns” in a fabric section (Honeywell International Inc. v. U.S., CIT # 17-00256).
Anti-forced labor advocacy group International Rights Advocates (IRAdvocates) will appeal a Court of International Trade decision finding it didn't have standing to challenge CBP's inaction in responding to a petition to ban cocoa from Cote d'Ivoire. The trade court said IRAdvocates failed to show that the agency's inaction harmed a "core business or diminished any asset" -- a standard estsablished by the Supreme Court (see 2408080049). Counsel for IRAdvocates said if its claim for standing fails on appeal, it's prepared to refile the case using a party that could hurdle the trade court's understanding of standing, such as a child laborer in West Africa or a U.S. chocolate company that competes with imports made using child labor (see 2408160009) (International Rights Advocates v. Alejandro Mayorkas, CIT # 23-00165).
The Court of International Trade on Sept. 9 rejected importer Katana Racing's renewed motion to dismiss the govenrment's action against it seeking over $5.7 million in unpaid duties on passenger vehicle and light truck tires from China, after the U.S. Court of Appeals for the Federal Circuit reversed the trade court's previous dismissal of the case. In her first opinion since being confirmed to the court, Judge Lisa Wang said the U.S. didn't fail to properly identify the "person" liable for the violation, exhaust administrative remedies or bring the case on time (U.S. v. Katana Racing, CIT # 19-00125).
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade on Sept. 9 rejected importer Katana Racing's renewed motion to dismiss the government's action against it to recover unpaid duties on passenger vehicle and light truck tires from China. In her first opinion since being confirmed to the court, Judge Lisa Wang held that the U.S. didn't fail to properly identify the person liable for the violation, didn't need to exhaust administrative remedies and didn't unreasonably delay in bringing the claim. The judge added that Katana's claim of government misconduct is better characterized as part of summary judgment. Wang also denied both the government's and Katana's motions for summary judgment, finding there to be genuine issues of material fact that can't be sorted on the current motions, particularly due to the lack of undisputed facts in the case.