Year: 2018
Apr 5th, 2018
Trade Updates for Week of April 4, 2018
United States Court of International Trade Commerce’s Determinations Sustained in Cold-Rolled Steel Flat Products Case In ArcelorMittal USA LLC et al. v. United States, Court No. 16-173, Slip Op. 18-34 (April 3, 2018), Plaintiff ArcelorMittal USA LLC (“ArcelorMittal”), on behalf of itself and plaintiff intervenors AK Steel Corporation, Nucor…
May 17th, 2018
Trade Updates for Week of May 16, 2018
United States Court of International Trade Remanded Scope Determination on Cast Iron Electrical Conduit Fittings In Atkore Steel Components, Inc. v. United States, Slip Op. 18-52, Court No. 17-00077 (May 15, 2018) the Court reviewed Commerce’s determinations in a scope ruling which held plaintiff’s cast iron electrical conduit articles…
May 23rd, 2018
Trade Updates for Week of May 23, 2018
United States Court of International Trade Remand Redetermination in New Shipper Review Sustained Where record data from the International Labor Organization’s Yearbook for Thai labor wages was preferred to industry specific wages provided from the Ukraine or Philippines, the Court sustained Department of Commerce’s decision to use Thai labor…
May 31st, 2018
Trade Updates for Week of May 30, 2018
United States Court of International Trade Remand Redetermination Sustained In Vinh Hoan Corporation et. al. v. United States et. al. Slip Op. 18-59, Court No. 13-00156 (May 24, 2018) and in An Giang Fisheries Import and Export Joint Stock Co. et. al. v. United States et. al. Slip Op….
Jun 6th, 2018
Trade Updates for Week of June 6, 2018
United States Court of International Trade Preliminary Injunction Granted Where a single entry bond requirement (“SEB Requirement”) imposed an enhanced SEB Requirement amount of three times the value of the entire shipment, the Court granted an injunction restraining U.S. Customs and Border Protection from collecting such a bond, other…
Jun 14th, 2018
Trade Updates for Week of June 13, 2018
United States Court of International Trade Decision Remanded in Part in Welded Carbon Steel Case In Tosçelik Profil Ve Sac A.S. v. United States and Zekelman Industries, Slip Op. 18-66, Court No. 17-00018 (June 6, 2018) the Court considered arguments regarding Commerce’s determinations in an administrative review of an…
Jun 21st, 2018
Trade Updates for Week of June 20, 2018
United States Court of International Trade Decision Remanded in Part in Multilayered Wood Flooring Case In Fine Furniture Limited et al., v. United States, Court No. 14-135, Slip Op. 18-68 (June 13, 2018), the Court remanded several issues in a remand redetermination on multilayered wood flooring from the People’s…
Jun 27th, 2018
Trade Updates for Week of June 27, 2018
United States Court of International Trade An Emergency Action Notification from the USDA is a Not a Customs Exclusion which May Be Protested under 19 USC 1514(a); the CIT Does Not Have Jurisdiction Andritz Sundwig GmBH v. United States, Case No. 18-142, Slip Op. 18-74 (June 20, 2018), involved…
Jul 5th, 2018
Trade Updates for Week of July 4, 2018
United States Court of International Trade CIT Orders Customs to Move Quickly on Drawback Regulations United States Customs and Border Protection needs to move quickly to issue regulations implementing the drawback provisions of the Trade Facilitation and Trade Enforcement Act of 2015, the Court of International Trade recently held….
Jul 13th, 2018
Trade Updates for Week of July 12, 2018
United States Court of International Trade Finding of Countervailable Subsidies Affirmed In ATC Tires Private Ltd. and Alliance Tires America, Inc. v. United States Slip Op. 17-89, Court No. 17-00064 (June 25, 2018) the Court heard arguments about Commerce’s determinations in a countervailing duty investigation of certain pneumatic off-the-road…
Jul 19th, 2018
Trade Updates for Week of July 18, 2018
United States Court of International Trade Remanded Determination where Commerce is to Proceed with New Shipper Review Before the court in Huzhou Muyun Wood Co., Ltd., v. United States, Court No. 16-245, Slip Op. 18-89 (July 16, 2018), is the United States Department of Commerce’s (“Commerce”) Final Results of…
Jul 26th, 2018
Trade Updates for Week of July 25, 2018
United States Court of International Trade Cross Motions for Summary Judgment Granted and Denied in Part In Swimways Corporation v. United States, Slip Op. 18-91, Court No. 13-216 (July 23, 2018), plaintiff Swimways Corporation (“Swimways”) commenced this action to contest the denial of its administrative protests by U.S. Customs…
Aug 2nd, 2018
Trade Updates for Week of August 1, 2018
United States Court of International Trade Injunction Granted in Vaquita Case In Natural Resources Defense Council Inc., et. al. v. Wilbur Ross et. al., Slip Op. 18-92, Court No. 18-00055 (July 26, 2018) the plaintiffs moved for an injunction against defendants, several United States government agencies and their officials,…
Aug 9th, 2018
Trade Updates for Week of August 8, 2018
United States Court of International Trade Motion to Dismiss Denied in Byrd Amendment Case In DAK Americas LLC and Auriga Polymers, Inc. v. United States, Court No. 17-195, Slip Op. 18-95 (August 6, 2018), plaintiff challenged Customs and Border Protection’s (CBP) efforts to collect repayment of monetary distributions received…
Aug 16th, 2018
Trade Updates for Week of August 15, 2018
United States Court of International Trade Commerce Determination Remanded in Part In Aristocraft of America LLC. et. al. v. United States, Slip Op. 18-97, Court No. 15-00307 (August 9, 2018) before the Court was Commerce’s remand determinations regarding the agency’s calculation of irrecoverable amounts of VAT and the agency’s…
Aug 23rd, 2018
Trade Updates for Week of August 22, 2018
United States Court of International Trade Tapenades are Classified as Sauces under the HTSUS Before the Court in Mondiv, Div. of Lassonde Specialties, Inc. v. United States, Slip Op. 18-102, Court No. 16-00038, were cross motions for summary judgment regarding the tariff classification of imported artichoke antipasto and green…
Aug 31st, 2018
Trade Updates for Week of August 29, 2018
United States Court of International Trade No Certification for Trade Adjustment Assistance for Displaced Bank Workers Before the Court in Former Employees of Fifth Third Bank v. United States Secretary of Labor, Slip Op. 18-106, Court No. 17-00258, was the Department of Labor’s remand determination “denying certification to Plaintiffs…
Sep 6th, 2018
Trade Updates for Week of September 6, 2018
United States Court of International Trade These Dolls are Not Festive Articles Before the Court in Russ Berrie & Company, Inc. v. United States, Slip Op. 18-108, Court No. 93-00391 (August 30, 2018) were cross motions for summary judgement regarding the proper tariff classification nine different types of products…
Sep 12th, 2018
Trade Updates for Week of September 12, 2018
United States Court of International Trade New Shipper Review Should Not Have Been Rescinded for Insufficient Information The court in Jinxiang Huameng Imp & Exp Co., Ltd. and CS Farming Products, Inc., v. United States, Court No. 16-243, Slip Op. 18-116 (September 10, 2018) reviewed whether Plaintiff Jinxiang…
Sep 19th, 2018
Trade Updates for Week of September 19, 2018
United States Court of International Trade Sustained Results in Frozen Fish Filets from Vietnam Before the Court in An Giang Fisheries Import and Export Joint Stock Company et. al. v. United States et. al., Slip Op. 18-118, Court No. 16-00072 (September 12, 2018) were Commerce’s remand redeterminations in the…
Sep 27th, 2018
Trade Updates for Week of September 26, 2018
United States Court of International Trade Untimely GSP Claim; Case Dismissed Before the Court in Industrial Chemicals, Inc. v. United States, Slip Op. 18-126, Court No. 17-00117 (September 24, 2018) was the Government’s motion to dismiss the plaintiff’s claim for lack of subject jurisdiction. Plaintiff claims that sixty-five entries…
Oct 3rd, 2018
Trade Updates for Week of October 3, 2018
United States Court of International Trade Commerce Decision Remanded to Apply Averaged Zero Rate Before the Court in Heze Huayi Chemical Co. Ltd. v. United States et. al., Slip Op. 18-130, Court No. 15-00027 (September 28, 2018) was a challenge to the final results of Commerce’s administrative review of…
Oct 12th, 2018
Trade Updates for Week of October 10, 2018
United States Court of International Trade Commerce’s Decision Sustained in Less than Fair Value Sales Determination Before the Court in Dong-A Steel Company et. al. v United States et. al. Slip Op. 18-134, Court No. 16-00201 (October 3, 2018) was the affirmative less than fair value sales determination in…
Oct 17th, 2018
Trade Updates for Week of October 17, 2018
United States Court of International Trade Commerce’s Decision Sustained in Differential Pricing Analysis Case Before the Court in Stanley Works (Langfang) Fastening Co., Ltd. et. al. v. United States Slip Op. 18-135, Court No. 16-00053 (October 10, 2018) were plaintiff’s challenge to Commerce’s determinations in an antidumping duty order covering…
Oct 25th, 2018
Trade Updates for Week of October 24, 2018
United States Court of International Trade Court Orders Enforcement of Judgment in Antidumping Matter Before the Court in United States Steel Corp. et. al. v. United States et. al,. Slip Op. 18-139, Court No. 14-00263 (October 17, 2018) was plaintiff’s motion to enforce a judgment previously issued by the Court….
Nov 1st, 2018
Trade Updates for Week of October 31, 2018
United States Court of International Trade Commerce’s Decision Remanded in Welded Line Pipe Case Before the Court in Tosçelik Profil ve Sac Endustrisi A.Ş. et. al. v. United States et. al., Slip Op. 18-148, Court No. 15-00339 (October 24, 2018) were remand determinations from Commerce in the antidumping investigation…
Nov 8th, 2018
Trade Updates for Week of November 7, 2018
United States Court of International Trade ITC Decision on Truck and Bus Tires Remanded in Part Before the Court in United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union et. al. v. United States et. al., Slip Op. 18-151, Court No. 17-00078 (November 1,…
Nov 16th, 2018
Trade Updates for Week of November 14, 2018
United States Court of International Trade Motion to Dismiss Granted Before the Court in U.S. Auto Parts Network, Inc. v. United States et. al., Slip Op. 18-154, Court No. 18-00068 (November 8, 2018) was defendant’s motion to dismiss the case. Plaintiff challenged the Government’s imposition of a $9 million entry…
Dec 4th, 2018
Trade Updates for Week of November 28, 2018
United States Court of International Trade 18-161 Before the Court in Northern Tool and Equipment Company, Inc. v. United States, Slip Op. 18-161, Court No. 14-00146 (November 23, 2018) were cross motions for judgment in an action based on Customs’ denial of a protest contesting the amount of antidumping duties…
Nov 21st, 2018
Trade Updates for Week of November 21, 2018
United States Court of International Trade Motion to Dismiss Granted in Countervailing Duty Order on Tires Before the Court in Zhongce Rubber Group Company Limited v. United States, Slip Op. 18-160, Court No. 18-00082 (November 20, 2018) was defendant’s motion to dismiss. Plaintiff brought this action to contest the application…
Dec 26th, 2018
Trade Updates for Week of December 26, 2018
United States Court of International Trade Remand Decision Sustained in Off-The-Road Tire Case Before the Court in Qingdao Qihang Tyre Co. et. al. v. United States, Slip Op. 18-176, Court No. 16-00075 (December 19, 2018) were Commerce’s determination made on remand regarding the administrative review of an antidumping duty order…
Jan 5th, 2018
Trade Updates for Week of January 3, 2018
United States Court of International Trade Affirming Commerce’s Determination in Hot-Rolled Steel Flat Products Case In Hyundai Steel Co. v. United States Slip Op. 17-173, Court No. 16-00238 (December 27, 2017) the court reviewed Commerce’s determinations from a less-than-fair-value antidumping investigation of hot-rolled steel flat products from Korea. In…
Jan 18th, 2018
Trade Updates for Week of January 10, 2018
United States Court of International Trade Remand Ordered in Antidumping Duty Investigation Results of CORE from Korea In Hyundai Steel Co. v. United Sates et al., Slip Op. 18-2, Court No. 16-161 (published January 10, 2018), the Court reviewed the final results in an antidumping investigation involving Corrision-Resistant Steel…
Jan 25th, 2018
Trade Updates for Week of January 24, 2018
United States Court of International Trade Remand Determination Sustained on Nails Case In Itochu Bldg. Prods. Co et. al. v. United States et. al. Slip Op. 18-03, Court No. 13-00132 (January 18, 2018) the Court reviewed remand redeterminations made by Commerce in regards to an annual administrative review of…
Feb 9th, 2018
Trade Updates for Week of February 7, 2018
United States Court of International Trade Remand Decision Regarding LTAR Sustained In Ozdmir Boru San. Ve Tic. Ltd. Sti., v. United States, Court No. 16-206, Slip Op. 18-6 (February 1, 2018), the Court sustained the remand decision. Commerce chose to maintain its Land for Less than Adequate Remuneration (LTAR)…
Feb 14th, 2018
Trade Updates for Week of February 14, 2018
United States Court of International Trade Pet Carriers are Not Classified under Heading 4202 In Quaker Pet Group LLC v. United States, Slip Op. 18-9, Court No. 13-0093 (February 12, 2108), plaintiffs challenged Customs denial of an administrative protest, and classification of imported pet carrier bags. Customs found that…
Feb 21st, 2018
Trade Updates for Week of February 21, 2018
United States Court of International Trade ITC Decision on Hydrofluorocarbons Remanded in Part In Arkema Inc., The Chemours Company FC, LLC, Honeywell International Inc. v. United States, Court No. 16-179, Slip Op. 18-12 (Feburary 16, 2018), the court remanded in part the material injury determination of the International Trade…
Mar 6th, 2018
Trade Updates for Week of February 28, 2018
11th ADD Review on Frozen Fish Fillets from Vietnam Remanded in Part In An Giang Fisheries Import and Export Joint Stock Company et al., v. United States, Court No. 16-72, Slip Op. 18-10 (published February 21, 2010), the court sustained in part and remanded in part, the U.S. Department of…
Mar 8th, 2018
Trade Updates for Week of March 7, 2018
United States Court of International Trade Motion to Dismiss Denied in Penalty Case In United States v. Maverick Marketing, LLC et al., Court No. 17-174, Slip Op. 18-16 (March 7 2018), plaintiff claimed that Maverick and Good Times are liable for $3,339,011.08 worth of unpaid FET pursuant to 19…
Mar 14th, 2018
Trade Updates for Week of March 14, 2018
United States Court of International Trade Remand Determination Affirmed In Evonik Corporation et al. v. United States, Court No. 15-296, Slip Op.18-21 (March 12, 2018), the Court reviewed the remand determination in the 2013-2014 administrative review of the antidumping duty order on glycine from the People’s Republic of China….
Mar 21st, 2018
Trade Updates for Week of March21, 2018
United States Court of International Trade Remand Determination Affirmed In DynaEnergetics U.S. Inc. v. United States, Court No. 16-45, Slip Op. 18-23 (March 16, 2018), the Court affirmed the U.S. Department of Commerce’s (“Commerce”) scope determination in the Remand Results, where Commerce determined that Plaintiff’s customized tubing for perforating…
Mar 29th, 2018
Trade Updates for Week of March 28, 2018
United States Court of International Trade Commerce’s Determinations Sustained In Itochu Building Products Co. Ltd., et. al. v. United States, et.al. Slip Op. 18-24, Court No. 12-00065 (March 22, 2018) the Court reviewed Commerce’s determinations on remand regarding an antidumping order. Previously, the Court had remanded the case for…
Apr 11th, 2018
Trade Updates for Week of April 11, 2018
United States Court of International Trade Preliminary Injunction Denied in 232 Case Earlier this year the President imposed a 25 percent ad valorem tariff on imports of steel (the “Steel Tariff”) under the authority of Section 232 of the Trade Expansion Act of 1962, 19 U.S.C. § 1862, which allows…
Apr 26th, 2018
Trade Updates for Week of April 25, 2018
United States Court of International Trade Final Results Regarding Certain Activated Carbon Remanded in Part In Jacobi Carbons AB Jacobi Carbons, Inc. et al. v. United States et al., Consol. Court No. 15-286, Slip Op. 18-46 (April 19, 2018), the Court remanded in part, Department of Commerce’s final results…
May 14th, 2018
Trade Updates for Week of May 9, 2018
United States Court of International Trade Remanded Decision in Certain Corrosion-Resistant Steel Products (CORE) Case In JSW Steel Ltd. and JSW Steel Coated Products Ltd. v. United States, et al., Court No. 16-165, Slip Op. 18-51 (May 9, 2018), Plaintiffs JSW Steel Limited and JSW Steel Coated Products Limited…
Dec 13th, 2018
Trade Updates for Week of December 12, 2018
United States Court of International Trade Raising Bond Requirement was found to be an Abuse of Discretion Before the Court in Tabacos USA, Inc. v. United States, Court No. 18-00221 (December 7, 2018) was plaintiff’s challenge to Customs raising of the company’s entry bond amount from $300,000 to $400,000. The…
Dec 12th, 2018
Trade Updates for Week of December 5, 2018
United States Court of International Trade Negative Injury Determinations Made By the ITC Were Sustained Before the Court in T.B. Wood’s Inc. v. United States et. al., Slip Op. 18-164, Court No. 17-00022 (November 29, 2018) was plaintiffs challenge to the negative injury determination made by International Trade Commission (“ITC”)…
Dec 20th, 2018
Trade Updates for Week of December 19, 2018
United States Court of International Trade Bonds Were Not Nullified as a Result of Pension Protection Act Before the Court in Hartford Fire Insurance Co. v. United States, Slip Op. 18-172, Court No. 11-00135 (December 14, 2018) were cross motions for summary judgement regarding the denial of plaintiff’s protests of…
Feb 5th, 2018
Getting Trade Data Reports Admitted Into Evidence In Court: A Primer (as featured in Datamyne Blog)
Descartes Datamyne subscribers use trade data reports for a variety of purposes – to monitor competitors’ importing activities, to detect intellectual property infringements, to spot contract breaches, and to detect wrongdoing in a variety of circumstances. In some cases, some parties may wish to use trade data reports in litigation…
Feb 26th, 2018
FAILURE TO LAUNCH: CUSTOMS’ DRAWBACK DELAY PUTS IMPORTERS AND EXPORTERS IN LIMBO
February 24, 2018 was supposed to be a red letter day for importers and exporters. Two years earlier, Congress, in enacting the Trade Facilitation and Trade Enforcement Act (TFTEA), announced a historic expansion of the duty drawback statute, Section 313 of the Tariff Act. Substitution for drawback purposes, long governed…
Mar 5th, 2018
Section 232 Tariffs on Imported Steel and Aluminum: What You Need to Know (Part I)
Last week, the President unexpectedly announced that, acting under authority of Section 232 of the Trade Expansion Act of 1962, as amended [19 U.S.C. §1862], he would impose significant new tariffs on a wide range of steel and aluminum imports from all foreign countries. He indicated that there would be…
Mar 26th, 2018
Drawback Strikes Back
We recently noted the dismay of duty drawback filers when Customs and Border Protection failed to publish regulations needed to process refunds under the new duty drawback rules of the Trade Facilitation and Trade Enforcement Act (TFTEA), which entered into force on February 24, 2018. Dismay turned to anger when,…
Mar 29th, 2018
NO CONFERENCE? NO SECTION 592 PENALTY, COURT SAYS
Customs’ failure to provide an importer with a requested in-person conference to discuss a penalty claim being imposed under Section 592 of the Tariff Act invalidates the agency’s $4.5 million claim for penalties and withheld duties, according to recent decision of the United States Court of International Trade. In United…
Jun 6th, 2018
DUTY DRAWBACK AND THE STEEL AND ALUMINUM TARIFFS: A FIGHT TO BE FOUGHT?
Presidential Proclamations 9704 and 9705, which entered into force on March 23, 2018 imposed additional tariffs of 10% ad valorem on a wide range of imported aluminum products, and 25% ad valorem tariffs on many imported steel products. The tariffs were imposed pursuant to Section 232 of the Trade Expansion…
Jul 9th, 2018
USTR Issues Procedures for Seeking Product-Specific Exclusions From Section 301 Tariffs on Chinese-Origin Goods
Retaliatory tariffs of 25% ad valorem, imposed pursuant to Section 301 of the Trade ct of 1974, went into force against a wide range of imported Chinese goods on July 6, 2018. The United States Trade Representative (USTR) has announced procedures for a process whereby interested parties may seek product-specific…
Aug 27th, 2018
Customs Laws Push State Unfair Trade Remedies Aside, Court Rules
When can State unfair trade practice laws be used to punish alleged importing violations? Not often, according to a recent decision from the United States District Court for the District of Connecticut. Wind Corporation v. Wesko Locks, Ltd., No. 3: 18-cv-292 (D. Conn) was a lawsuit brought by a Connecticut…
Oct 15th, 2018
DUTY DRAWBACK: THE COURT HAS SPOKEN, NOW THE BALL’S IN TREASURY’S COURT
Back in February, 2018, the Treasury Department bypassed a Congressional deadline for issuing regulations concerning how duty drawbacks should be calculated under the Trade Facilitation and Trade Enforcement Act (TFTEA). Drawback claimants who had been promised a “transition year” in which they could claim drawback either under historical rules or…