Year: 2017
Jan 9th, 2017
Trade Updates for Week of January 4, 2017
United States Court of International Trade Remanding in Part Final CVD and AD Determination In Changzhou Trina Solar Energy Co., Ltd. et al. v. United States, Court No. 15-68, Slip Op. 16-121 (December 30, 2016), the Court of International Trade (“Court”) remanded in part the U.S. Department of Commerce’s…
Mar 16th, 2017
Trade Updates for Week of March 15, 2017
United States Court of International Trade Motion to Dismiss Granted Before the Court in American Furniture Manufacturers Committee for Legal Trade et al. v. United States, Court No. 16-70, Slip Op. 17-25 (March 13, 2017), was defendant United States (“the government”)’s motion to dismiss a complaint filed by plaintiffs…
Mar 23rd, 2017
Trade Updates for Week of March 22, 2017
United States Court of International Trade Sustaining Remand Results In CS Wind Vietnam Co. v. United States, Court No. 13-102, Slip Op. 17-26 (March 17, 2017) the court sustained Commerce’s remand determination. This matter was before the court following a remand to the U.S. Department of Commerce (“Commerce”) ordered…
Apr 6th, 2017
Trade Updates for Week of April 5, 2017
United States Court of International Trade Default Judgment Granted in Favor of U.S. In U.S. v. Paul Puentes, Court No. 14-310, Slip Op. 17-33 (March 29, 2017), plaintiff Government brought this action to recover a civil penalty imposed on Defendant Paul Puentes (“Puentes”) by the Bureau of Customs and…
Apr 13th, 2017
Trade Updates for Week of April 12, 2017
United States Court of International Trade Default Judgment Granted in Favor of U.S. In Jacobi Carbons AB & Jacobi Carbons, Inc. v. United States et al, Court No. 15-286, Slip Op. 17-39 (April 7, 2017), plaintiffs Jacobi Carbons AB and Jacobi Carbons, Inc. (together, Jacobi”), and Plaintiff-Intervenors (collectively, with…
Apr 20th, 2017
Trade Updates for Week of April 19, 2017
United States Court of International Trade Defendant United States’ Motion for Summary Judgment Denied In Irwin Industrial Tool Company v. the United States, Court No. 15-00285, Slip Op. 17-41(April 12, 2017), plaintiff, Irwin, challenged the United States Customs and Border Protection (“Customs”) HTSUS classification of hand tools imported into…
Apr 27th, 2017
Trade Updates for Week of April 26, 2017
United States Court of International Trade Determination Remanded In Borusan Mannesmann Boru Sanayi ve Ticaret A.S. v. United States, Court No. 14-00009, Slip Op. 17-45 (April 20, 2017), plaintiff Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (“Borusan”), a Turkish producer and exporter of standard pipe – contests the final…
May 18th, 2017
Trade Updates for Week of May 17, 2017
United States Court of International Trade Motion of Preliminary Injunction Granted In Nexteel Co., Ltd. and Husteel Co., Ltd. and Hyundai Steel Company v. United States, Slip Op. 17-59, Court No. 17-91 (May 15, 2017), the court reviewed plaintiff-intervenor Husteel Co., Ltd.’s (“Husteel”) partial consent motionfor preliminary injunction to…
Jun 7th, 2017
Trade Updates for Week of May 31, 2017
United States Court of International Trade Decision Remanded in Part Back to Commerce In Jinko Solar Co., Ltd. et al. v. United States, Slip Op. 17-62, Court No. 15-80 (public version published May 26, 2017), the court considered motions for judgment on the agency record arising from the final…
May 31st, 2017
Trade Updates for Week of May 24, 2017
United States Court of Appeals for the Federal Circuit Affirmed Decision that Finding No Violation of Section 337 In Adrian Rivera, Adrian Rivera Maynez Enterprises v. ITC, Court No. 2016-1841 (May 23, 2017), Rivera filed a complaint with the International Trade Commission (“Commission”), alleging that Solofill, LLC (“Solofill”) was…
Jun 8th, 2017
Trade Updates for Week of June 7, 2017
United States Court of International Trade Decision Remanded Back to Commerce In Itochu Building Products Co., Inc. et al. v. United States, Court No. 13-132, Slip Op. 17-66 (June 5, 2017), the Court reviewed the surrogate value date for steel wire rod, an input of steel nails, and the…
Jun 15th, 2017
Trade Updates for Week of June 14, 2017
United States Court of International Trade Decision Remanded Back to Commerce In Mitsubishi Polyester Film, Inc. v. United States, Court No. 13-62, Slip Op. 17-70 (June 8, 2017), the court considered whether the subject merchandise was within scope of the “Antidumping Duty Order on PET Film, Sheet, and Strip…
Jun 22nd, 2017
Trade Updates for Week of June 21, 2017
United States Court of International Trade EAJA Fees Award in Trade Adjustment Assistance Case In Former Employee of Marlin Firearms Co. v. United States Secretary of Labor Slip Op. 17-72, Court No. 11-00060, plaintiff sought to recover legal fees, under the Equal Access to Justice Act (EAJA), for…
Jun 29th, 2017
Trade Updates for Week of June 28, 2017
United States Court of International Trade Commerce’s Decision on Certain Steel Nails Remanded In Itochu Buildings Co., Inc. et al. v. United States, Court No. 12-65, Slip Op 17-73 (June 22, 2017), the Court reviewed the U.S. Department of Commerce (“Commerce”)’s final results of the second administrative review of…
Jul 6th, 2017
Trade Updates for Week of July 5, 2017
United States Court of International Trade Labor FOP was Reconsidered on Remand In Ad Hoc Shrimp Trade Action Committee v. United States, Slip. Op. 17-76, Court No. 15-00279 (June 29, 2017), the Court reviewed Commerce’s determinations on remand filed pursuant to Ad Hoc Shrimp Trade Action Committee v. United…
Jul 14th, 2017
Trade Updates for Week of July 12, 2017
United States Court of International Trade Clarification Provided in Remand Issues for Multilayered Wood Flooring Case In Fine Furniture (Shanghai) Limited, et al. v. United States, et al., Court No 14-135, Slip Op. 17-80, defendant United States moved for clarification of an aspect of the court’s previous opinion and…
Jul 19th, 2017
Trade Updates for Week of July 19, 2017
United States Court of International Trade Partial Motion for Summary Judgment Granted in Plaintiff Government’s Favor In this penalty case, United States v. Farhan Khan, Court No. 15-250, Slip Op. 17-85 (July 13, 2017), defendant imported three types of freezable products: (1) the beverage container bags (“CoolSack”); (2) the…
Jul 27th, 2017
Trade Updates for Week of July 26, 2017
United States Court of International Trade Remand Determination Sustained in Both Solar Industries Cases In Kyocera Solar, Inc. and Kyocera Mexicana S.A. de C.V. v. United States, Court No. 15-81, Slip Op. 17-90 (July 21, 2017), the Court reviewed the U.S. Department of Commerce’s (“Commerce” or “Department”) remand determination…
Aug 3rd, 2017
Trade Updates for Week of August 2, 2017
United States Court of International Trade LED Candles are Lamps and Light Fittings of Heading 9405. In Gerson Company v. United States, Slip Op. 17-96, Court No. 11-225 (August 2, 2017), the Court determined that light emitting diodes or LED candles may not be classified under Chapter 85. Instead of…
Aug 17th, 2017
Trade Updates for Week of August 16, 2017
United States Court of International Trade: Bankruptcy Stay Does Not Bar Action to Determine 19 U.S.C. §1592 Penalties The automatic stay on lawsuit and actions to collect debts which attaches to a bankruptcy filing does not operate to block the government from pursuing a lawsuit to determine Customs penalties…
Aug 23rd, 2017
Trade Updates for Week of August 23, 2017
United States Court of International Trade Decision on Welded Line Pipe Remanded in Part In Toscelik Profil Ve Sac Endustriusi A.S., and Tosyali Dis Ticaret A.S. v. United States, Court No. 15-339, Slip Op. 17-107 (August 22, 2017), the Court considered plaintiffs’ motion for judgment on the agency record…
Aug 30th, 2017
Trade Updates for Week of August 30, 2017
United States Court of International Trade Default Judgment Granted in Penalty Case In United States v. Deladiep, Inc., Court No. 16-241, Slip Op. 17-108 (August 23, 2017), the United States (“Plaintiff” or “Government”) brought this action against Deladiep, Inc. (“Deladiep”) and John Delatorre (“Mr. Delatorre”) (collectively, “defendants”) to recover unpaid…
Sep 6th, 2017
Trade Updates for Week of September 6, 2017
United States Court of International Trade Remand Ordered in Scope Ruling In Agilent Technologies, Inc. v. United States, Court No. 16-183, Slip Op. 17-119 (September 1, 2017), the Court reviewed Department of Commerce’s (Commerce’s) scope ruling on Agilent’s mass filter radiator (MFR). Commerce determined that the MFR is covered…
Sep 13th, 2017
Trade Updates for Week of September 13, 2017
United States Court of International Trade Preliminary Injunction Granted In New Mexico Garlic Growers Coalition, et al., and Shandong Jinxiang Zhengyang Import & Export Co., Ltd. v. United States, Consol. Court No. 17-146, Slip Op. 17-121 (September 7, 2017), the court considered plaintiff-intervenors Shandong Jinxiang Zhengyang Import & Export…
Sep 26th, 2017
Trade Updates for Week of September 20, 2017
United States Court of International Trade Action to Recover Unpaid Duties and a Civil Penalty is Exempt from the Automatic Stay In United States v. Greenlight Organic, Inc., Court No. 17-31, Slip Op. 17-127 (September 15, 2017), the Court considered whether the automatic bankruptcy stay of 11 U.S.C. §…
Sep 27th, 2017
Trade Updates for Week of September 27, 2017
United States Court of International Trade Plaintiff’s Motion for Summary Judgment Granted; Defendant’s Motion to Reconsider Denied In Irwin Industrial Tool Company v. United States, Court No. 14-28, Slip Op. 17-28 (September 21, 2017), the Court granted plaintiff’s motion for summary judgment and denied defendant’s motion for reconsideration. This…
Oct 6th, 2017
Trade Updates for Week of October 4, 2017
United States Court of International Trade Motion to Dismiss Cross Claim Granted in Part In United States v. UPS Supply Chain Solutions, Inc. et al., Court No,16-00010, Slip Op. 17- 134 (September 29, 2017 ), the Court considered a motion to dismiss cross claims initiated by Defendant 4174925 Canada,…
Oct 11th, 2017
Trade Updates for Week of October 11, 2017
United States Court of International Trade Customs Allowed to Collect Dump Duties from Surety with Interest In United States v. International Fidelity Insurance Company, Slip Op. 17-136, Court No. 13-00256, (October 5, 2017) the Court heard arguments about the United States efforts to collect unpaid antidumping duties from Fidelity….
Oct 25th, 2017
Trade Updates for Week of October 18, 2017
United States Court of International Trade Commerce Decision Remanded in Part In Özdemir Boru San. Ve. Tic. Ltd. Sti., v. United States, Court No. 16-00206, Slip Op. 17-142, (October 16, 2017), Plaintiff, Özdemir Boru San. ve Tic. Ltd. Sti (“Özdemir”), a Turkish producer and exporter to the United States…
Oct 26th, 2017
Trade Updates for Week of October 25, 2017
United States Court of International Trade Commerce Decision Sustained In Weishan Hongda Aquatic Food Co., Ltd. et al. v. United States and Crawfish Processors Alliance, Court No. 16-73, Slip Op. 17-45 (October 25, 2017), Plaintiffs Weishan Hongda Aquatic Food Co., Ltd (“Weishan”), China Kingdom (Beijing) Import & Export Co.,…
Nov 8th, 2017
Trade Updates for Week of November 8, 2017
United States Court of International Trade Casings Classified as Other Made-Up Textiles In Kalle USA, Inc. v. United States, Court No. 13-00003, Slip Op.17-149 (November 2, 2017), the Court denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment. The classification issue was whether the…
Nov 16th, 2017
Trade Updates for Week of November 15, 2017
United States Court of International Trade Protest Not Approved Until Entry Reliquidated, CIT Says In a case of first impression, the United States Court of International Trade has ruled that a protest is not “allowed” until the protested entries have been reliquidated and refunds granted. In Erwin Hymer Group,…
Dec 6th, 2017
Trade Updates for Week of December 6, 2017
United States Court of International Trade Changed Circumstances Decision Remanded In Inmax Sdn. Bhd.et. al. v. United States Slip Op. 17-158, Court No. 17-00205 (December 4, 2017) the Court reviewed Commerce’s determination to conduct a changed circumstances investigation of plaintiff, and the results of the investigation. Plaintiff and affiliated…
Nov 29th, 2017
Trade Updates for Week of November 29, 2017
United States Court of International Trade Differential Pricing Analysis Upheld In The Stanley Works (Langfang) Fastening Systems Co. Ltd., et. al. v United States Slip Op. 17-156, Court No. 14-00112 (November, 27 2017) the Court reviewed Commerce’s differential pricing analysis and its application in the fourth administrative review of…
Dec 14th, 2017
Trade Updates for Week of December 13, 2017
United States Court of International Trade New Shipper Review Decision Remanded In Huzhou Muyun Wood Co. v. United States Slip Op. 17-162, Court No. 16-00245 (December 11, 2017) the court reviewed Commerce’s determination to rescind plaintiff’s request for a new shipper review. In June 2015, plaintiff requested a review…
Dec 21st, 2017
Trade Updates for Week of December 20, 2017
U.S. Court of International Trade CIT ALLOWS BROAD DISCOVERY INQUIRY IN PENALTY CASE Officers and employees of corporate importers may have reason to be concerned about their personal liability for Customs penalties and withheld duties, based on the sweeping discovery which the Court of International Trade recently granted the…
Jan 12th, 2017
Trade Updates for Week of January 11, 2017
United States Court of International Trade Motion to Stay Liquidation Granted In Sunpreme, Inc. v. United States, Slip Op. 17-1, Court No. 15-315 (January 5, 2017), the court granted defendant’s motion to stay liquidation pending defendant’s appeal where defendant would have no recourse to challenge the court’s decision that…
Jan 25th, 2017
Trade Updates for Week of January 25, 2017
United States Court of International Trade Court Sustained Remand Results In Juancheng Kangtai Chemical Co., Ltd. et al. v. United States et al., Court No. 14-0056, Slip Op.17-3, the court considered the redetermination on the seventh administrative review of chlorinated isocyanurates from the People’s Republic of China (PRC). On…
Feb 10th, 2017
Trade Updates for Week of February 8, 2017
United States Court of International Trade Court Sustained Remand Results in Part In Shandong Rongxin Import & Export Co., Ltd. v. United States and Dixon Ticonderoga, Court No. 15-151, Slip Op. 17-11 (February 3, 2017), the Court remanded in part Commerce’s remand decision in the case of dumped pencils. …
Feb 17th, 2017
Trade Updates for Week of February 15, 2017
United States Court of International Trade Blanket with Sleeves Classified as Blanket In Allstar Marketing Group, LLC v. United States, Court No. 13-395, Slip Op. 17-15 (February 10, 2017), plaintiff challenged U.S. Customs and Border Protection’s (“Customs”) liquidation of the subject import, a polyester fleece knit article referred to…
Mar 2nd, 2017
Trade Updates for Week of March 1, 2017
United States Court of International Trade Motion for Amended Preliminary Injunction Denied In An Giang Fisheries Import and Export Joint Stock Company et al. v. United States, Court No. 16-72, Slip Op. 17-19 (February 24, 2017), the court denied plaintiff’s motion to amend the statutory injunction. This matter was…
Mar 29th, 2017
Trade Updates for Week of March 29, 2017
United States Court of International Trade Sustaining Remand Results In United States Steel Corporation et al. v. United States, Court No. 14-263, Slip Op. 17-28 (Public Decision Issued March 23, 2017), the Court reviewed the U.S. Department of Commerce’s (“Department” or “Commerce”). Final Results of Redetermination Pursuant to Remand…
May 4th, 2017
Trade Updates for Week of May 3, 2017
United States Court of International Trade Redetermination Sustained. Before the court in Albemarle Corp. and Ningxia Huahui Activated Carbon Co., Ltd., v. United States, Court No. 11-451, Slip Op. 17-51 (April 28, 2017) were the Final Results of Redetermination Pursuant to Court Remand (Oct. 14, 2016), ECF No. 135…
May 11th, 2017
Trade Updates for Week of May 10, 2017
United States Court of International Trade Remand Results Sustained Before the Court, in TMK IPSCO et al. v. United States, Slip Op. 17-54, Court No. 10-00055, Slip Op. 17-54 (May 3, 2017), was the U.S. Department of Commerce’s (“Department” or “Commerce”) Final Results of Redetermination Pursuant to Court Remand…
Jan 31st, 2017
Analyzing Trump Administration Threats and Proposals Regarding Trade With Mexico
The fledgling Trump Administration sowed confusion and alarm in its first week with a series of Presidential and staff statements involving trade with Mexico. First, the President signed an Executive Order directing construction of a wall along the United States’ border with Mexico (although Congress would need to approve and…
Jun 28th, 2017
CIT TO LOOK AT ANTIDUMPING “SETTLEMENT” PAYMENTS
The United States Court of International Trade recently surprised many by indicating that it will take a look of the controversial practice whereby certain domestic petitioners in antidumping and countervailing duty cases seek “settlement payments” from foreign companies in exchange for excluding them from annual Commerce Department reviews of outstanding…