Year: 2015
Feb 4th, 2015
Trade Court Updates for Week of February 4, 2015
U.S. Court of International Trade Final Results Affirmed in Part and Remanded in Part; Defendants Collaterally Estopped from Defending Fifteen Day Liquidation Rule In NTN Bearing Corporation of America, et al., v. United States and the Timken Company (Defendant-intervenor), Court No. 10-286, Slip Op. 15-12 (February 3, 2015), plaintiffs (collectively, “NTN”) contested…
Jul 15th, 2015
Trade Courts Update for Week of July 15, 2015
United States Court of International Trade Cross Motion for Summary Judgment Granted in Favor of Defendant In Tyco Fire Products L.P. (“Tyco”) v. United States, Court No. 08-190, Slip Op. 15-74 (July 10, 2014), Tyco argued that its products, filled glass bulbs, should be classified under Chapter 84 of…
Mar 5th, 2015
Trade Court Updates for Week of March 5, 2015
United States Court of International Trade The Court Sustained Commerce’s Final Remand Results in Polyethylene Terephthalate Film Review In DuPont Teijin Films China Limited et al. v. United States et al., Court No. 13-229, Slip Op. 15-19 (February 27, 2015), the Court of International Trade sustained Commerce’s remand results. This…
Jan 28th, 2015
Trade Courts Updates for Week of January 28, 2015
United States Court of International Trade Third Redetermination Remanded to Commerce Changzhou Hawd Flooring Co., Ltd. v. United States, Court No. 12-200, Slip Op. 15-7 (January 23, 2015), was before the court following a second redetermination and a voluntary partial third redetermination. In the third redetermination, the Department of Commerce…
Feb 18th, 2015
Trade Court Updates for Week of February 18, 2015
United States Court of Appeals for the Federal Circuit Affirming ITC Decision Regarding Patents in CDMA Networks In InterDigital Communications, Inc., InterDigital Tech-nology Corporation, and IPR Licensing, Inc. (collectively, “InterDigital”) v. United States International Trade Commission et al., 2014-1176 (February 18, 2015), InterDigital appealed from the final determination of the…
Mar 19th, 2015
Trade Courts Updates for Week of March 18, 2015
United States Court of Appeals for the Federal Circuit Federal Circuit Affirms Decision on Upholding Application of Countervailing Duties on Non-Market Economies In GPX International Tire Corporation et al. v. United States, Case Nos. 2014-1188, 2014-1248 (March 13, 2015), GPX International Tire Corp. and Hebei Starbright Tire Co., Ltd. (collectively,…
Apr 2nd, 2015
Trade Courts Updates For Week of April 2, 2015
United States Court of International Trade Commerce’s Final Scope Ruling Affirmed Kirovo-Chepetsky Khimichesky Kombinat, JSC, part of Uralchem, OJSC v. United States and CF Industries, Inc. and El Dorado Chemical Company, concerns a scope ruling issued by the Department of Commerce (“Commerce”) concerning solid fertilizer imported from the Russian Federation. …
Mar 26th, 2015
Trade Courts Updates for Week of March 26, 2015
United States Court of International Trade Results from Aluminum Extrusions Review Remanded in Part Tai Shan City Kam Kiu Aluminum Extrusion Co., Ltd. v. United States, Court No. 14-16, Slip Op. 15-21 (March 20, 2015) came before the court as a result of Plaintiff’s, Tai Shan City Kam Kiu Aluminium…
Apr 10th, 2015
Trade Courts Updates for Week of April 8, 2015
United States Court of International Trade Commission’s Final Determination Sustained In Coalition of Gulf Shrimp Industries v. United States et al., Court No. 13-386, Slip Op. 15-29 (April 3, 2015), Plaintiff Coalition of Gulf Shrimp Industries’ (“Plaintiff” or “COGSI” or “Petitioner”) moved for Judgment on the Agency Record pursuant to…
Apr 15th, 2015
Trade Courts Updates for Week of April 15, 2015
United States Court of International Trade Final Results Remanded to Commerce In Zhaoqing Tifo New Fibre Co. v. United States et al., Court No. 13-44, Slip Op. 15-31(April 9, 2015), the court reviewed the fourth administrative review of the antidumping duty order covering polyester staple fiber from the People’s Republic…
Apr 23rd, 2015
Trade Courts Updates for Week of April 22, 2015
United States Court of International Trade Motion for Reconsideration Denied In Elkay Manufacturing Company v. United States, et al., Court No. 13-176, Slip Op. 15-33 (April 20, 2015), Guangdong Dongyuan Kitchenware Industrial Company, Ltd.(“Dongyuan”), defendant-intervenor and consolidated plaintiff in this case, moved for reconsideration of the court’s December 22, 2014…
Apr 30th, 2015
Trade Courts Updates for Week of April 29, 2015
United States Court of International Trade Results Remanded for Third Time In Gold East Paper (Jiangsu) Co., Ltd. et al. v. U.S. et al., Court No. 10-371, Slip Op. 15-37 (April 22, 2015), the court reviewed the second Final Results of Redetermination Pursuant to Court Remand (“RR2”) concerning the antidumping…
May 6th, 2015
Trade Courts Updates for Week of May 6, 2015
United States Court of International Trade Complaint Dismissed where Plaintiff Failed to Exhaust Administrative Remedies In Ceramark Technology, Inc. v. United States, Court No. 13-357, Slip Op. 15-40 (May 1, 2015), the court considered whether Plaintiff Ceramark Technology, Inc. (“Ceramark”), failed to exhaust administrative remedies by not commenting on Commerce’s…
Feb 11th, 2015
Trade Court Updates for Week of February 11, 2015
U.S. Court of International Trade Motion for Default Judgment Granted In United States v. NYCC 1959, Inc., Court No. 14-45, Slip Op. 15-13 (February 6, 2015), the United States brings this action to recover a civil penalty as permitted by Section 592 of the Tariff Act of 1930, as amended, 19…
Jul 30th, 2015
Trade Courts Update for the Week of July 29, 2015
United States Court of International Trade Motion for Summary Judgment Granted in Part In penalty case, United States v. Horizon Products International, Inc., Court No. 14-104, Slip Op. 15-80 (July 24, 2015), the Government seeks $394,794 in unpaid duties and penalties from Defendant Horizon Products International, Inc. (“Horizon”) under…
May 13th, 2015
Trade Courts Updates for Week of May 13, 2015
United States Court of International Trade Second Remand Results Sustained Before the court in CS Wind Vietnam Co., Ltd. and CS Wind Corporation (collectively “CS Wind”), Court No. 13-102, Slip Op. 15-45, was U.S. Department of Commerce’s (“Commerce”) Final Redetermination Pursuant to Court Order, ECF No. 82 (“Second Remand Results”). The court…
May 21st, 2015
Trade Courts Updates for Week of May 20, 2015
United States Court of International Trade Court Judgment Enforced In GPX International Tire Corporation et al. v. United States et al., Court No. 08-285, Slip Op. 15-46 (May 18, 2015), consolidated plaintiffs Tianjin United Tire & Rubber International Co., Ltd. (“TUTRIC”), moved for enforcement of the court’s judgment entered October…
May 27th, 2015
Trade Courts Update for Week of May 27, 2015
United States Court of International Trade Commerce Remand Results Sustained Before the court, in Fedmet Res. Corp. v. United States, Court No. 12-215, Slip Op. 15-48 (May 22, 2015, were the final results of Defendant United States Department of Commerce’s (“Commerce”) redetermination pursuant to this court’s Order, Fedmet Res. Corp….
Jun 5th, 2015
Trade Courts Update for Week of June 3, 2015
United States Court of International Trade ITC Redetermination Sustained In JMC Steel Group et al. v. United States, Court No. 13-22, Slip Op. 15-51 (May 29, 2015), the court reviewed the redetermination ordered in JMC Steel Group v. United States, 38 CIT __, 24 F. Supp. 3d 1290 (2014) (“JMC…
Jun 11th, 2015
Trade Courts Update for Week of June 10, 2015
United States Court of International Trade Motion to Dismiss for Lack of Subject-Matter Jurisdiction Granted In P.F. Stores, Inc. v. United States and American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc., Plaintiff challenged the liquidation of certain entries subject to the antidumping duty order on wooden…
Jun 18th, 2015
Trade Courts Update for Week of June 17, 2015
United States Court of International Trade Court Sustained Commerce’s Final Determination in Less than Fair Value Investigation Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. v. United States, Slip Op. 15-57, Court No. 13-98 (June 12, 2015) involved a U.S. Department of Commerce (“Defendant” or “Commerce”) final determination in…
Jun 24th, 2015
Trade Courts Update for Week of June 24, 2015
United States Court of International Trade Court Granted Summary Judgment in Plaintiff’s Favor In LDA Incorporado v. United States, Court No. 12-349, Slip Op. 15-64 (June 19, 2015), the court granted judgment in plaintiff’s favor finding that Customs failed to follow Commerce’s scope order. LDA “is a Puerto Rican corporation…
Jul 2nd, 2015
Trade Courts Update for Week of July 1, 2015
United States Court of International Trade Court Granted and Denied in Part Defendant’s Motion to Dismiss In Fedmet Resources Corporation v. United States, Court No. 14-297 (June 26, 2015), Plaintiff Fedmet Resources Corporation (“Fedmet”), a U.S. importer, contested decisions by U.S. Customs and Border Protection (“Customs” or “CBP”) requiring…
Jul 9th, 2015
Trade Courts Update for Week of July 8, 2015
United States Court of International Trade Remand Determination Affirmed In Changzhou Hawd Flooring Co., Ltd. v. United States, Court No. 12-20, Slip Op. 15-71 (July 6, 2015), the court reviewed the fourth remand results regarding Multilayered Wood Flooring from the People’s Republic of China [(“PRC”)], 76 Fed. Reg. 64,318 (Dep’t…
Jul 22nd, 2015
Trade Courts Update for Week of July 22, 2015
United States Court of International Trade Commerce’s Final Results were Sustained Before the court in Fresh Garlic Producers Association et al. v. United States, et al., Court No. 13-23, Slip Op. 15-77 (July 16, 2015) was plaintiffs’ USCIT Rule 56.2 motion for judgment on the agency record. Plaintiffs Fresh Garlic…
Aug 5th, 2015
Trade Courts Update for the Week of August 5, 2015
United States Court of International Trade Court Denied Motion to Amend Judgment In Apex Frozen Foods Private Ltd. et al., v. United States et al., Court No. 13-283, Slip Op. 15-81 (published August 5, 2015), the court denied plaintiff’s motion to amend the judgment. First, the plaintiffs stated that the…
Aug 12th, 2015
Trade Courts Update for the Week of August 12, 2015
Federal Circuit: Section 337 Allow ITC to Stop “Induced” Infringement, Says En Banc Opinion; Four Judges Dissent The question of whether the United States International Trade Commission may exclude from entry, under Section 337 of the Tariff Act, goods which might be the subject of “induced” patent infringement claims may…
Aug 19th, 2015
Trade Courts Update for the Week of August 19, 2015
United States Court of International Trade Court Sustained Remand Results In Fengchi Import Export Co., Ltd., et al. v. United States, et al., Court No. 13-186, Slip Op. 15-86 (August 13, 2015), the court sustained the Department of Commerce’s (“Commerce”) remand results. In the underlying administrative review of the antidumping…
Aug 26th, 2015
Trade Courts Update for Week of August 26, 2015
United States Court of International Trade Court Denied Default Judgment In United States v. Selecta Corporation, LLC, Slip Op. 15-90, Court No. 11-89 (August 20, 2015), the court denied plaintiff’s motion for default judgment. Before the court was plaintiff’s application for a judgment by default seeking a civil…
Sep 3rd, 2015
Trade Courts Update for Week of September 2, 2015
United States Court of International Trade Partial 55(b) Summary Judgement Entered In United States v. Horizon International, Inc., Court No. 14-104, Slip Op. 15-96 (August 26, 2015), the court entered an immediate 54(b) partial summary judgment to allow plaintiff the United States to collect the unpaid duties and equitable prejudgment…
Sep 10th, 2015
Trade Courts Update for Week of September 9, 2015
United States Court of International Trade Denied Motion for Judgment on Agency Record Regarding Scope Ruling In Kam Kiu Aluminum Prodcuts Sdn. and Taishan City Kam Kiu Aluminum Extrusion Co. Ltd. v. United States et al., Court No. 13-402, Slip Op. 15-101 (September 3, 2015), plaintiffs Kam Kiu Aluminum Products…
Sep 24th, 2015
Trade Courts Update for Week of September 23, 2015
United States Court of International Trade Commerce’s Final Results Affirmed In Appvion, Inc. v. United States, Court No. 14-143, Slip Op. 15-104 (September 17, 2015), plaintiff, Appvion Inc., (“Appvion”) filed the instant suit disputing Commerce’s determination that certain sales were within the ordinary course of trade and that the application…
Sep 16th, 2015
Trade Courts Update for Week of September 16, 2015
United States Court of International Trade Countervailing Duty Results Sustained In Yantai Xinke SteelStructure Co., Ltd. v. United States, Court No. 10-239, plaintiff Yantai Xinke Steel Structure Co., Ltd. (“Xinke” or “plaintiff”) moved for judgment on the agency record, challenging the Final Determination of Commerce in Certain Steel Grating…
Oct 1st, 2015
Trade Courts Update for Week of September 30, 2015
United States Court of International Trade Denial of Defense Counsel’s Motion to Withdraw In United States v. International Trading Services, LLC and Julio Lorza, Court No. 12-135, Slip-Op. 15-106 (September 23, 2105), the court denied Defense counsel’s motion to withdraw as counsel for defendant where such withdrawal would leave…
Oct 8th, 2015
Trade Courts Update for Week of October 8, 2015
United States Court of Appeals for the Federal Circuit “Unreliable” Information Results in Loss of “Separate Rate” Status in Antidumping Case The failure of a respondent in an antidumping case to provide accurate information concerning its affiliations renders all of its submissions “unreliable”, and justified imposition of duties at the…
Oct 22nd, 2015
Trade Courts Update for Week of October 21, 2015
United States Court of International Trade Remand Ordered for Second Time In Beijing Tianhai Industry Co., Ltd. v. United States, Court No. 12-203, Slip Op 15-114, the court reviewed the results of a remand order. In Beijing Tianhai Industry Co. v. United States, 38 CIT __, 7 F. Supp. 3d…
Oct 29th, 2015
Trade Courts Update for the Week of October 28, 2015
United States Court of International Trade Remand Results Affirmed The court in Wheatland Tube Company v. United States, Court No. 12-296, Slip Op. 15-118 (October 21, 2015) sustained the Final Redetermination Pursuant to a Court Remand in the circular welded pipe imported from China investigation. Additionally, the court in MacLean-Fog…
Nov 4th, 2015
Trade Courts Update for Week of November 4, 2015
United States Court of International Trade Motion for Certification Denied InIcdas Celik Enerji Tersane Ve Ulasim Sanayi, A.S. v. United States, Court No. 14-267, Slip Op. 15-121 (October 30, 2015), the court denied defendant-intervenor Rebar Trade Action Coalition’s (“RTAC”) motion for certifying questions for interlocutory appeal. RTAC sought certification…
Nov 19th, 2015
Trade Courts Update for Week of November 18, 2015
United States Court of International Trade Defendant’s Motion to Dismiss and Motion for Summary Judgment Granted In American Power Pull Corporation v. United States, Court No. 14-88, Slip Op. 15-128, Judge Barnett dismissed plaintiff’s complaint and granted defendant’s motion to dismiss and motion for summary judgment. Plaintiff filed a…
Nov 11th, 2015
Trade Courts Update for Week of November 11, 2015
United States Court of International Trade Motion to Dismiss Granted where Basis of Plaintiff’s Claim was Invalid Protest In Design International Group Ltd. v. United States, Court No. 14-119, Slip Op. 15-126 (November 9, 2015), the court granted defendant’s motion to dismiss because plaintiff’s complaint was based on an…
Dec 3rd, 2015
Trade Courts Update for Week of December 3, 2015
United States Court of International Trade Court Remanded in Part Commerce’s Final Results In Fresh Garlic Producers Association et al. v. United States, Court No. 14-180, Slip Op. 15-133 (November 30, 2015), the plaintiffs challenged the Department of Commerce’s (“Commerce”) final results from the eighteenth administrative review of the…
Dec 9th, 2015
Trade Courts Update for Week of December 9, 2015
United States Court of International Trade Affirmed ITC Decision Regarding Solar Modules Kyocera Solar, Inc. et al. v. United States et al., Court No. 15-84, Slip Op. 15-136 (December 7, 2015) came before the Court upon Plaintiff’s, Kyocera Solar Inc. (“KSI”) and Kyocera Mexicana S.A. DE C.V. (“KMX”) (collectively…
Dec 16th, 2015
Trade Courts Update for Week of December 16, 2015
United States Court of International Trade Court Sustained Countervailing Duty Subsidy Decision In SolarWorld Americas Inc. v. United States, Slip Op. 15-137, Court No. 13-7 (December 14, 2015), plaintiff SolarWorld Americas Incorporated (“SolarWorld”) challenged the United States Department of Commerce’s (“Commerce”) determination, during the countervailing duty (“CVD”) investigation of…
Dec 23rd, 2015
Trade Courts Update for Week of December 23, 2015
United States Court of International Trade Court Affirmed Redetermination Results In sister cases, Peer-Bearing Company-Changshan v. United States et al., Court Nos. 10-13 and 11-22, Slip Op. 15-142/143 (December 21, 2015) the court affirmed a second redetermination in the twenty-first and twenty-second administrative reviews of an antidumping duty…
Dec 30th, 2015
Trade Courts Update for Week of December 30, 2015
United States Court of International Trade Court Remanded Redetermination Results In Trade Associates Group, Ltd. v. United States and National Candle Association, Court No. 11-397, Slip Op. 15-145, plaintiff Trade Associates Group, Ltd. (“Trade Associates”), a U.S. importer of candles, contested a 2011 “Final Scope Ruling” of the…
Feb 16th, 2015
Best Key Textiles Co. v. United States
In Best Key Textiles Co. v. United States, No. 2014-1327 (February 3, 2015), the recipient of a ruling concerning the tariff classification of metalized yarn challenged Customs decision to revoke the ruling as being Arbitrary, capricious, an abuse of discretion, and not otherwise in accordance with law, in violation of the Administrative…
Mar 12th, 2015
NEW CIT Decision Eliminates "Liberal Reading" of Protests
Liberal treatment of communications with Customs as constituting a “protest” may be a thing of the past, for in Ovan International Limited v. United States, Slip. Op. 15-17 (February 23, 2015), the CIT held that, in order to be considered a valid protest, a document must be labeled as such,…
Apr 22nd, 2015
Customs Centers of Excellence and Expertise (CEEs): Program Directives and Evolution of Responsibilities
I. INTRODUCTION Numerous importers have recently raised questions concerning Customs’ initiative regarding the establishment of Centers of Excellence and Expertise (CEEs) to handle transactions in discrete industry-defined areas of responsibilities. This memorandum provides background information on CEEs and their current operational status. CEEs are an attempt by Customs to centralize…
Apr 23rd, 2015
Possible Retroactive Renewal of the Generalized System of Preferences (GSP)
After a nearly two-year hiatus, Congress appears ready to reinstate the Generalized System of Preferences (GSP), which provides duty-free treatment for selected goods from “beneficiary developing countries”. Moreover, Congress appears ready to make the renewal retroactive to July 31, 2013, when it expired, and to provide a mechanism for importers…
Jul 13th, 2015
Retroactive Renewal of the Generalized System of Preferences (GSP)
On June 29, 2015, Congress and President Obama reinstated the Generalized System of Preferences (GSP), which provides duty-free treatment for selected goods from “beneficiary developing countries.” The GSP had previously expired on July 31, 2013. The new legislation provides for retroactive refunds of duties paid on GSP-eligible goods for the…
Jul 27th, 2015
SHOULD YOUR COMPANY INDEMNIFY ITS IMPORT MANAGER?
Recent court decisions have made an already scary importing environment even scarier. Companies may be well-advised to consider protecting their import personnel. Your company’s long-serving import manager edges nervously into your office with an unusual request; she would like the company to provide her with an indemnity and hold harmless agreement….
Jul 27th, 2015
THE MYSTERY OF THE MISSING LEGAL DOCTRINE
The CIT’s latest penalty decision is another headscratcher. Call it the Mystery of the Missing Legal Doctrine – a whodunit worthy of Sherlock Holmes and John Watson. And we’re talking the contemporary Benedict Cumberbatch/Martin Freeman Holmes and Watson. This missing doctrine was in plain sight during the time of Conan…
Jul 28th, 2015
Update to Retroactive Renewal of the Generalized System of Preferences (GSP)
Effective July 29, 2015, Congress and President Obama reinstated the Generalized System of Preferences (GSP), which provides duty-free treatment for selected goods from “beneficiary developing countries.” H.R. 1295, The Trade Preferences Extension Act of 2015 (“the Act”), was introduced in the House on March 14, 2015, and extends the GSP,…
Aug 10th, 2015
CUSTOMS TAKES ANOTHER CRACK AT EXPANDING THE FORM 5106 IMPORTER IDENTIFICATION STATEMENT
Last year, U.S. Customs and Border Protection (CBP) caused quite a stir when it proposed amendments to Form 5106, the basic form typically filed by a Customhouse broker to provide basic information concerning an importer of record – name and address, type of entity and taxpayer ID/importer number. Stung by…
Oct 7th, 2015
Negotiators Agree on Trans-Pacific Partnership (TPP Agreement)
This week in Atlanta, the United States and 11 of its trading partners around the Pacific Rim – Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam – announced that they had reached agreement on the Trans-Pacific Partnership (TPP), a plurilateral agreement which, if adopted, will…