Year: 2016
Jun 30th, 2016
Trade Courts Update for Week of June 29, 2016
United States Court of International Trade Final Determination Regarding Prestressed Steel Rail Tie Wire from Thailand Remanded in Part In Davis Wire Coporation and Insteel Wire v. United States, Court No. 14-131, Slip Op. 16-63 (June 28, 2016), plaintiffs Davis Wire Corp. and Insteel Wire Products Company challenged a…
Oct 20th, 2016
Trade Updates for Week of October 19, 2016
United States Court of International Trade Trade Readjustment Case Transferred to District Court in Connecticut In Former Employees of Drive Sol Global Steering, Inv. v. United States, Court No. 15-172, Slip Op. 16-98 (October 13, 2016), the court denied the motion to dismiss for lack of subject matter jurisdiction…
Oct 26th, 2016
Trade Updates for Week of October 26, 2016
United States Court of International Trade Motion for Preliminary Injunction Granted in Part and Denied in Part In Sunpreme, Inc. v. United States, Court No. 16-00171, Slip Op. 16-93, the court considered a motion for a preliminary injunction (“PI”) seeking to enjoin defendant, together with its delegates, officers, agents,…
Nov 17th, 2016
Trade Updates for Week of November 16, 2016
United States Court of International Trade CIT Authorizes Deposition of Retired Customs Official Prior to Initiation of Suit An importer, foreign seller and corporate official facing a $22.7 million penalty assessment from Customs and Border protect may take a deposition to preserve the testimony of a retired Customs official…
Nov 23rd, 2016
Trade Updates for Week of November 23, 2016
United States Court of International Trade Remand Results Sustained in Part and Remanded in Part Before the court in Calgon Carbon Corporation & Cabot Norit Americas, Inc. v. United States, Court No. 14-326, Slip Op. 16-107 (November 18, 2016), was the Department of Commerce’s (“Commerce”) Final Results of Redetermination…
Nov 30th, 2016
Trade Updates for Week of November 30, 2016
United States Court of International Trade Second Redetermination in Sixth Administrative Review Sustained In Clearon Corporation and Occidental Chemical Corporation v. United States et al., Court No. 13-73, Slip Op. 16-110 (November 23, 2016), the court reviewed the second redetermination (“RR2”) on the sixth (2010-2011) administrative review of chlorinated…
Jan 8th, 2016
Trade Courts Update for Week of January 6, 2016
US District Court, District of Columbia “Buy America” Exemptions Invalid, District Court Rules The Secretary of Transportation, acting through the Federal Highway Administration, improperly waived application of “Buy America” restrictions for iron and steel products purchased for Federal highway projects, according to a recent decision of the United States District…
Jan 14th, 2016
Trade Courts Update for Week of January 13, 2016
United States Court of International Trade Court Remanded in Part Redetermination Results Regarding Floor-Standing, Metal-Top Ironing Tables from China In Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., v. United States, Court No. 12-69, Slip Op. 16-1 (January 8, 2016), the court considered, Final Results of Redetermination, ECF No….
Jan 21st, 2016
Trade Courts Update for Week of January 20, 2016
United States Court of Appeals for the Federal Circuit Federal Circuit Affirmed Commerce Decision on AFA Rate In Nan Ya Plastics Corporation, Ltd. v. United States, Court No. 2015-1054 (January 19, 2016), Nan Ya Plastics Corporation, Ltd. (“Nan Ya”) challenged the Court of International Trade’s sustaining the 74.34% adverse…
Jan 27th, 2016
Trade Courts Update for Week of January 27, 2016
United States Court of International Trade Court Sustained Commerce’s Remand Determination In Ad Hoc Shrimp Trade Action Committee v. United States, Court No. 13-346, Slip Op. 16-7 (January 22, 2015) the court reviewed the remand results regarding the seventh administrative review by the U.S. Department of Commerce (“Commerce”) of…
Feb 3rd, 2016
Trade Courts Update for Week of February 3, 2016
United States Court of International Trade Court Affirms in Part and Remands in Part Commerce’s Scope Determination In Whirlpool Corporation v. United States, Court No. 14-199, Slip Op. 16-8 (February 1, 2016), the court considered Whirlpool’s motion for judgment on the agency record, in which Whirlpool argues that Commerce…
Feb 10th, 2016
Trade Courts Update for Week of February 10, 2016
United States Court of International Trade Court Sustained Commerce’s Final Determination In Apex Frozen Foods Private Limited et al. v. United States, Court No.14-226, Slip Op. 16-9(published on February 10, 2015), the court considered plaintiffs Apex Frozen Foods Private Limited, et al.’s (collectively “plaintiffs”) motion for judgment on the…
Feb 25th, 2016
Trade Courts Update for Week of February 24, 2016
United States Court of International Trade Affirmed Countervailing Duty Determination In Hebei Jiheng Chemicals Co., Ltd. v. United States, Court No. 14-337, Slip Op. 16-15 (February 18, 2016), plaintiff Hebei Jiheng Chemicals Co., Ltd. (“Jiheng”) challenged the final determination of the U.S. Department of Commerce (“Commerce”) in the countervailing…
Mar 3rd, 2016
Trade Courts Update for Week of March 2, 2016
United States Court of International Trade Second Remand Results Sustained In Ethan Allen Operations, Inc. et al, v. United States, Court No. 14-147, Slip Op. 16-19, (February 29, 2016) the Court considered the second remand to Commerce on whether four (4) types of wooden chests should be included in…
Mar 10th, 2016
Trade Courts Update for Week of March 9, 2016
United States Court of International Trade Court Denied Motion to Take Judicial Notice In Tri Union Food Products, Inc. et al., v. United States, et al., Consolidated Court No. 14-249, Slip Op. 16-20 (March 8, 2016), the court reviewed a motion for judicial notice filed by Consolidated Plaintiffs Vietnam…
Mar 17th, 2016
Trade Courts Update for Week of March 16, 2016
United States Court of International Trade Court Denied Motion to File Brief as Amicus Curiae Before the court in Changzhou Trina Solar Energy Co., Ltd. & Trina Solar (Changzhou) Science & Technology Co., Ltd. v. United States, Slip Op. 16-22, Consol. Court No. 15-68, was a motion by the…
Mar 24th, 2016
Trade Courts Update for Week of March 23, 2016
United States Court of International Trade Court Denied Motion to File Brief as Amicus Curiae In Jedwards International, Inc. v. United States, Court No. 11-31, Slip Op. 16-23 (March 21, 2016), the court reviewed a motion by DSM Nutritional Products, LLC (“DSM”), pursuant to USCIT Rule 76 for leave…
Mar 31st, 2016
Trade Courts Update for Week of March 30, 2016
United States Court of International Trade Defendant Ordered to Pay Duties for Incorrect Claims In United States v. Juan Carlos Chavez, Court No. 12-104, Slip Op. 16-26 (March 25, 2016) a suit for unpaid duties for the corrected classification and incorrectly claiming duty-free treatment under the Caribbean Basin Economic…
Apr 7th, 2016
Trade Courts Update for Week of April 6, 2016
United States Court of International Trade Denial of Plaintiff’s Motion for Judgment on the Agency Record The decision contested in Aluminum Extrusions Fair Trade Committee v. United States and Rheetech Sales & Services, Inc., Court No. 14-206, Slip Op. 16-31 (March 31, 2016) is the Final Scope Ruling…
Apr 14th, 2016
Trade Courts Update for Week of April 13, 2016
United States Court of International Trade Court Sustained Third Redetermination Before the court in Foshan Shunde Yongjian Housewares & Hardware Co., Ltd. & Polder, Inc. v. United States, Court No. 10-59, Slip Op. 16-35 (April 7. 2016) was the United States Department of Commerce’s (“Commerce”) Third Final Results of…
Apr 21st, 2016
Trade Courts Update for Week of April 20, 2016
United States Court of International Trade Court Remanded Findings in Final Determination In Itochu Building Products, Co., Inc. v. United States, Court No. 15-9, Slip Op. 16-37 (April 15, 2016), plaintiff, Itochu Building Products Company, Inc. (“Plaintiff” or “Itochu”) challenged the final determination of the U.S. Department of Commerce…
Apr 28th, 2016
Trade Courts Update for Week of April 27, 2016
United States Court of International Trade Court Denied Plaintiff’s Motion for Summary Judgment In Suntec Industries Co., Ltd. v. United States and Mid Continent Nail Coporation, Court No. 13-157, Slip Op. 16-40 (April 22, 2016) Suntec Industries Co., Ltd. (“Suntec”) repeatedly argued that it did not have actual notice…
May 5th, 2016
Trade Courts Update for Week of May 3, 2016
United States Court of International Trade Court Sustained Fourth Remand Results In Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 09-123, Slip Op. 16-42 (April 28, 2016), the Court considered the United States Department of Commerce’s (“the Department” or “Commerce”) Fourth Final Results of Redetermination Pursuant to…
May 12th, 2016
Trade Courts Update for Week of May 11, 2016
United States Court of International Trade Remand Determination Not Supported by Substantial Evidence Before the court in Bell Supply Co. v. United States, Court No. 14-66, Slip Op. 16-41 (published May 4, 2016), is the U.S. Department of Commerce’s (“Commerce” or “Department”) remand redetermination filed pursuant to the court’s…
May 18th, 2016
Trade Courts Update for Week of May 18, 2016
United States Court of International Trade Court Sustained Remand Redetermination In Gang Yan Diamond Products, Inc. et al. v. United States, Court No. 14-148, Slip Op. 16-49 (May 11, 2016), the court considered the results of remand of Diamond Sawblades from the People’s Republic of China (“PRC”) (“Remand”) of…
May 26th, 2016
Trade Courts Update for Week of May 25, 2016
United States Court of International Trade Final Determination Remanded in Part Before the court in Tension Steel Industries Co., Ltd v. United States, Court No. 14-218, Slip Op. 16-51 (published May 24, 2016), were motions for judgment on the agency record of Consolidated Plaintiffs Tension Steel Industries Co., Ltd….
Jun 9th, 2016
Trade Courts Update for Week of June 8, 2016
United States Court of International Trade Redetermination in Eight Administrative Review Remanded in Part In Vinh Hoan Corporation et al. v. United States, Court No. 13-156, Slip Op. 16-53 (published June 3, 2016), the court had remanded Commerce’s final determination in the eighth administrative review of the antidumping duty…
Jun 15th, 2016
Trade Courts Update for Week of June 15, 2016
United States Court of International Trade Preliminary Injunction Granted In Neo Solar Power Corporation v. United States, Court No. 16-88, Slip Op. 16-58 (June 9, 2016), Neo Solar Power Corporation’s (“Neo”) moved for a preliminary injunction regarding liquidation of its entries into the United States. Neo is a producer…
Jun 23rd, 2016
Trade Courts Update for Week of June 22, 2016
United States Court of International Trade Motion to Intervene Denied Neo Solar Power Corporation v. United States., concerns a challenge to the Department of Commerce’s (“Commerce”) decision rejecting Plaintiff Neo’s request to be included in the administrative review of the antidumping duty order on certain crystalline silicone photovoltaic products…
Jul 6th, 2016
Trade Courts Update for Week of July 6, 2016
United States Court of International Trade Plaintiff’s Motion for Judgment on the Agency Record Denied IKEA Supply AG, v. United States and Aluminum Extrusions Fair Trade Committee, concerns a challenge to the Department of Commerce’s (“Commerce”) determination that certain towel racks imported by IKEA fell within the scope of…
Jul 13th, 2016
Trade Courts Updates for Week of July 13, 2016
United States Court of International Trade Remand Redetermination Remanded in Part In Fresh Garlic Producers Association et al. v. United States et al., Consolidated Court No. 14-80, Slip Op. 16-68 (July 7, 2016), the court reviewed the United States Department of Commerce’s (“Commerce”) Final Results of Redetermination Pursuant to…
Jul 20th, 2016
Trade Courts Updates for Week of July 20, 2016
United States Court of International Trade Remand Determination Affirmed In Elkay Manufacturing Company v. United States, Court No. 13-176, Slip Op. 16-169 (July 14, 2016), plaintiffs Elkay Manufacturing Company (“Elkay”) and Guangdong Dongyuan Kitchenware Industrial Company, Ltd. (“Dongyuan”) contested an affirmative determination (“Final Determination”) that the International Trade Administration,…
Jul 27th, 2016
Trade Courts Updates for Week of July 27, 2016
United States Court of International Trade Commerce Determination Remanded in Part In this copper tube and pipe case, Golden Dragon Precise Copper Tube Group, Inc. v. United States, Court No. 15-177, Slip Op. 16-71 (July 21, 2016), Golden Dragon Precise Copper Tube Group, Inc. (et al.; collectively “Golden Dragon”),…
Aug 4th, 2016
Trade Courts Update for Week of August 3, 2016
United States Court of International Trade Denying Plaintiff’s Claim Regarding the User Defined Rule and Entering Declaratory Judgment in Favor of Plaintiff on Count II of Amended Complaint In Fed Met Resources Corporation v. United States, Court No. 14-297, Slip Op. 16-75 (August 1, 2016), plaintiff Fedmet Resources Corporation…
Aug 17th, 2016
Trade Courts Updates for Week of August 17, 2016
United States Court of International Trade Court Remands Commerce’s Decision Regarding Polyethylene Terephthalate In Tianjin Wanhua Co., Ltd. v. United States, Court No. 15-190, Slip Op. 16-79 (August 15, 2016, the court remanded the U.S. Department of Commerce’s (“Commerce”) results from its fifth administrative review of the antidumping duty…
Aug 25th, 2016
Trade Courts Updates for Week of August 24, 2016
United States Court of International Trade Remand Results Sustained Before the court in Golden Dragon Precise Copper Tube Group, Inc. et al. v. United States, Slip Op. 16-80, Court No. 14-00116 (August 23, 2016) were the Final Results of Redetermination Pursuant to Court Order, Golden Dragon Precise Copper Tube…
Sep 8th, 2016
Trade Courts Updates for Week of September 7, 2016
United States Court of International Trade Default Judgment Entered In United States v. NYCC 1959, Inc., Court No. 15-111, Slip Op. 16-83 (September 7, 2016), plaintiff filed suit to recover unpaid duties and a civil penalty, as permitted by Section 592 of the Tariff Act of 1930, as amended,…
Sep 15th, 2016
Trade Courts Updates for Week of September 14, 2016
United States Court of International Trade Instructions Issued Pursuant to Mandate Before the court in Albemarle Corporation v. United States, Court No. 11-45, Slip Op. 16-84 (September 7, 2016) was the mandate issued by the United States Court of Appeals for the Federal Circuit (“Court of Appeals”) in Albemarle…
Sep 22nd, 2016
Trade Updates for Week of September 21, 2016
United States Court of International Trade Court Affirmed in Part and Remanded in Part Final Results In Gaungzhou Jangho Curtain Wall System Engineering Co., Ltd. et al. v. United States, Court Nos. 15-23 and 15-24, Slip Op. 16-87 (September 19, 2016), Guangzhou Jangho Curtain Wall System Engineering Co. Ltd….
Sep 29th, 2016
Trade Updates for Week of September 28, 2016
United States Court of International Trade Remand Required in Redetermination of Steel Concrete Reinforcing Bar from Turkey The court considered remand results in Rebar Trade Action Coalition v. United States et al., Court No. 14-268, Slip Op. 16-88 (September 21, 2016). There were several aspects of Commerce’s decision in…
Oct 6th, 2016
Trade Updates for Week of October 5, 2016
United States Court of International Trade Remand Required in Frozen Warmwater Shrimp from Thailand Case In Pakfood Public Limited et al v. United States, Court No. 14-230, Slip Op. 16-90 (October 4, 1996) the court decided to remand the case back to Commerce. This action involved the final results…
Oct 13th, 2016
Trade Updates for Week of October 12, 2016
United States Court of International Trade Redetermination Remanded Regarding Curtain Walls In Shenyang Yuanda Aluminum Industry Engineering Co. v. United States, Court No. 14-106 Slip Op. 16-94 (October 6, 2016), this court reviewed the second remand determination resulting from challenges from plaintiffs Shenyang Yuanda Aluminum Industry Engineering Co., Ltd. and…
Dec 7th, 2016
Trade Updates for Week of December 7, 2016
United States Court of International Trade Plaintiff’s Motion for Judgment on Agency Record Denied In Neo Solar Powerv. United States et al., Court No. 16-88, Slip Op. 16-111 (December 1, 2016), the court reviewed plaintiff Neo Solar Power Corporation (“NSP”)’s motion for judgment on the agency record pursuant to…
Aug 9th, 2016
INTERNATIONAL TRADE UPDATE
Court of International Trade Rules Against CBP Limits on Seeking Preferential Tariff Status by Protest; “Rejected” Protests are Still Alive and Pending In a decision with potentially far-reaching ramifications, the United States Court of International Trade (CIT) has ruled that Customs may not prevent importers from raising certain claims…
Dec 15th, 2016
Trade Updates for Week of December 14, 2016
United States Court of Appeals for the Federal Circuit Federal Circuit Upholds Award of Attorney’s Fees in Customs Classification Case International Customs Products Inc. fought in the Federal courts for over a decade when Customs increased duties on its imported “white sauce” product without revoking a binding ruling the…
Dec 29th, 2016
Trade Updates for Week of December 28, 2016
United States Court of International Trade Remanding in Part the Fourth Administrative Review In Hangzhou Yingqing Material Co. and Hangzhou Qingqing Mechanical Co. v. United States, Court No. 14-133 (December 21, 2016), the Court reviewed the fourth administrative review (and aligned new shipper review) conducted by the U.S. Department…
Jun 27th, 2016
Customs Outsmarts Itself – Possibly – In Section 592 Penalty Case
Having sought civil Customs penalties against an importer under Section 592 of the Tariff Act on grounds of fraud, the government could not, in suing to recover those penalties in the United States Court of International Trade, allege in the alternative that the violations occurred by means of gross-negligence or…
Aug 23rd, 2016
Treasury, Customs Publish Interim “ENFORCE/PROTECT ACT” Regulations
Hard on the heels of a General Accountability Office (GAO) report showing that the Federal Government is owed some $2.3 billion in uncollected antidumping duties and countervailing duties, the Treasury Department and United States Customs and Border Protection have published interim final regulations implementing the “ENFORCE/PROTECT ACT” provisions of the…
Sep 6th, 2016
ITC READIES NEW DUTY SUSPENSION PROCEDURE
Congress is preparing to give away money – millions of dollars’ worth – and qualifying importers need only step forward to ask for theirs. Earlier this year, President Obama signed into law the American Manufacturing Competitiveness Act of 2016 (“AMCA”), which creates a new administrative procedure whereby importers and other…
Nov 21st, 2016
Repeal of the “Consumptive Demand Exception” to 19 U.S.C. §1307 Could Lead to Headaches for Importers
Congress recently and quietly repealed the “consumptive demand exception” to the ban on importation of goods make with forced, child or indentured labor set out in Section 307 of the Tariff Act of 1930, as amended [19 U.S.C. §1307]. The little-noticed changed could have serious…
Dec 7th, 2016
Supreme Court to Consider “International Patent Exhaustion” Issue
In a matter of tremendous importance to the international trade community, the United States Supreme Court last week agreed to consider the question of whether the sale of a patented article abroad “exhausts” a U.S. patent owner’s rights in the product. The issue will determine when patent owners may use…