Year: 2019
Jan 8th, 2019
Trade Updates for Week of January 2, 2019
United States Court of International Trade Commerce Determination Remanded in Tapered Roller Bearings Case Before the Court in Zhejiang Zhaofeng Mech. & Elec. Co. v. United States et. al., Slip Op. 18-182, Court No. 18-0004 (December 27, 2019) was Commerce’s determination that plaintiff was ineligible for separate rate status in…
Jan 17th, 2019
Trade Updates for Week of January 16, 2019
United States Court of International Trade Remanded Decision in Part in Oil Country Tubular Goods Case Before the Court in Nexteel Co. et. al. v. United States et. al., Slip Op. 19-01, Court No. 17-00091 (January 2, 2019) was the U.S. Department of Commerce’s final results in the 2014–2015 administrative…
Jan 24th, 2019
Trade Updates for Week of January 23, 2019
United States Court of International Trade Commerce Determination Regarding Pneumatic Off-the-Road Tires Remanded in Part Before the Court in China Mfrs. Alliance, LLC et. al. v. United States, Slip Op. 19-07, Court No. 15-00124 (January 16, 2019) were the remand determinations of Commerce in regards to an administrative review of…
Feb 4th, 2019
Trade Updates for Week of January 30, 2019
United States Court of International Trade TAA Decision Remanded for Further Explanation Before the Court in Former Employees of Honeywell Int’l, Inc. v. United States Secretary of Labor, Slip Op. 19-11, Court No. 17-00279 (January 23, 2019) was the final negative determination of the Department of Labor (“Labor”) denying…
Feb 20th, 2019
Trade Updates for Week of February 20, 2019
United States Court of International Trade Scope Determination Regarding Flanges Remanded for Reconsideration Before the Court in Star Pipe Prods. v. United States et. al., Slip Op. 19-20, Court No. 17-00236 (February 13, 2019) was a 2017 Final Scope Ruling issued by Commerce interpreting the scope of an antidumping duty…
Feb 28th, 2019
Trade Updates for Week of February 27, 2019
United States Court of International Trade Remand Determination Sustained in Cold-Rolled Steel Flat Products Case Before the Court in Hyundai Steel Co. v. United States et. al., Slip Op. 19-24, Court No. 16-00228 (February 26, 2019) was Commerce’s remand redetermination in the antidumping duty investigation of certain cold-rolled steel flat…
Mar 6th, 2019
Trade Updates for Week of March 6, 2019
United States Court of International Trade Commerce Decision Regarding Surrogate Country Remanded in Certain Activated Carbon Case Before the Court in Jacobi Carbons AB et. al. v. United States et. al. Slip Op. 19-27, Court No. 15-00286 (March 4, 2019) and Jacobi Carbons AB et. al. v. United States et….
Mar 20th, 2019
Trade Updates for Week of March 20, 2019
United States Court of International Trade Summary Judgment Granted for Defendant Before the Court in Apple Inc. v. United States, Slip Op. 19-32, Court No. 13-00239 (March 13, 2019) were cross motions for summary judgment regarding the proper HTS classification of imported two IPad 2 Smart Covers, one made from…
Mar 27th, 2019
Trade Updates for Week of March 27, 2019
United States Court of International Trade Plaintiff Fails to File Response to Commerce’s Remand Results Before the Court in Jinxiang Huameng Imp. & Exp. Co. et. Al. v. United States et. al., Slip Op. 19-36, Court No. 16-00243 (March 21, 2019) was a remand redetermination made by Commerce concerning a…
Apr 3rd, 2019
Trade Updates for Week of April 3, 2019
United States Court of International Trade Sustained Determination in Hot-Rolled Steel Case Before the Court in Severstal Exp. GmbH, et. al. v. United States, Slip Op. 19-39, Court No. 17-00209 (March 27, 2019) was plaintiffs’ challenge to Commerce’s application of the adverse facts available (“AFA”) against the plaintiff in…
Apr 11th, 2019
Trade Updates for Week of April 10, 2019
United States Court of International Trade Generalized Claim Dismissed by Court Before the Court in Husteel Co., Ltd. et. al. v. United States et. al., Slip Op. 19-42, Court No. 18-00169 (April 5, 2019) was the defendant’s motion for a partial dismissal of the case. The case involved consolidated claims…
Apr 18th, 2019
Trade Updates for Week of April 17, 2019
United States Court of International Trade Court Sustained Commerce’s Use of Adverse Facts Available Before the Court in Shandong Dongfang Bayley Wood Co. v. United States et. al., Slip Op. 19-45, Court No. 18-00020 (April 12, 2019) was plaintiff’s objections to Commerce’s determinations in the countervailing duty investigation of certain…
May 2nd, 2019
Trade Updates for Week of May 1, 2019
United States Court of International Trade Court Sustained Commerce’s Remand Determinations Before the Court in Aristocraft of America, LLC v. United States, Slip Op. 19-48, Court No. 15-00307 (April 17, 2019) were remand determinations made by Commerce in regards to the sixth administrative review of the antidumping duty order covering…
Apr 24th, 2019
Trade Updates for Week of April 24, 2019
United States Court of International Trade Court Imposes Penalty on Importer Before the Court in The United States v. Titan Metals Corporation, Slip Op. 19-49, Court No. 13-00398 (April 22, 2019) was an action by the government to collect unpaid antidumping duties and a civil penalty under 19 U.S.C….
May 9th, 2019
Trade Updates for Week of May 8, 2019
United States Court of International Trade Court Sustained Commerce’s Determination Not to Grant a Separate Rate Application Before the Court in Shanghai Sunbeauty Trading Co. v. United States et. al., Slip Op. 19-51, Court No. 18-0002 (April 29, 2019) was a challenge to Commerce’s determination that plaintiff was not entitled…
May 15th, 2019
Trade Updates for Week of May 15, 2019
United States Court of International Trade Court Sustained Commerce’s Surrogate Country and Factors of Production Determinations Products in Part and Remanded in Part Before the Court in Jiaxing Brother Fastener Co. et. al. v. United States et. al., Slip Op. 19-55, Court No. 14-00316 (May 9, 2019) was a challenge…
May 23rd, 2019
Trade Updates for Week of May 22, 2019
United States Court of International Trade Court Sustained Commerce’s Determinations in Part and Remands in Part Before the Court in Guizhou Tyre Co. Ltd. et. al. v. United States, Slip Op. 19-59, Court No. 18-00100 (May 15, 2019) was a challenge by plaintiffs to certain aspects of Commerce’s determinations in…
May 30th, 2019
Trade Updates for Week of May 29, 2019
United States Court of International Trade Court Remands Commerce’s Final Results Before the Court in Guizhou Tyre Co. et. al. v. United States, Slip Op. 19-65, Court No. 17-00100 (May 24, 2019) was a consolidated action in which eight plaintiffs challenged Commerce’s determinations in a periodic review of an antidumping…
Jun 6th, 2019
Trade Updates for Week of June 5, 2019
United States Court of International Trade Court Sustained Commerce’s Determinations in CVD Investigation Before the Court in Rebar Trade Action Coal. et. al. v. United States et. al., Slip Op. 19-65, Court No. 17-00202 (May 31, 2019) was a challenge to the affirmative final determination of Commerce in the countervailing…
Jun 13th, 2019
Trade Updates for Week of June 12, 2019
United States Court of International Trade Court Denies Restraining Order Against Commerce Continuing 1996 ADD Investigation Before the Court in Confederación de Asociaciones Agrícolas del Estado de Sinaloa, A.C. et. al. v. United States et. al., Slip Op. 19-69, Court No. 19-00059 (June 6, 2019) was plaintiff’s motion for a…
Jul 1st, 2019
Trade Updates for Week of June 24,2019
United States Court of International Trade Court Denied Government’s Motion to Dismiss Regarding Protest Jurisdiction In Aspects Furniture International, Inc. v. United States, Case No. 18-222, Slip Op. 19-78 (June 18, 2019), the government argued that Aspects Furniture International, Inc.’s (AFI’s) protest was not valid because it provided a lead…
Jul 16th, 2019
Trade Updates for Week of July 10, 2019
United States Court of International Trade String Lights Not Classifiable as “Christmas Tree Lights” Before the Court in Target Gen. Merch. Inc. v. United States, Slip Op. 19-80, Court No. 14-00331 were cross motions for summary judgment regarding the classification of stringed light sets. “The Government relies solely on its…
Jul 25th, 2019
Trade Updates for Week of July 24, 2019
United States Court of International Trade Court Sustained Commerce’s Final Remand Results in Antidumping Case Before the Court in Dillinger France S.A. v. United States et. al., Slip Op. 19-88, No. 17-00159 (July 17, 2019) was a challenge to Commerce’s affirmative less-than-fair value sales determination in the antidumping investigation of…
Aug 1st, 2019
Trade Updates for Week of July 31, 2019
United States Court of International Trade Court Granted Customs’ Motion For Summary Judgment in Tariff Classification Case Before the Court in FANUC Robotics Am., Inc. v. United States, Slip Op. 19-94, Court No. 04-00197 (July 26, 2019) was a challenge by plaintiff to contest Customs tariff classification of its…
Aug 7th, 2019
Trade Updates for Week of August 7, 2019
United States Court of International Trade Attempt by Plaintiffs to Initiate Minor Alterations Inquiry Fails Before the Court in Columbia Forest Products, et. al. v. United States, et. al., Slip Op. 19-98, Court No. 18-00098 (July 30, 2019) was a challenge to Commerce’s determination not to initiate a minor alterations…
Aug 21st, 2019
Trade Updates for Week of August 14, 2019
United States Court of International Trade Court Sustains Commerce’s Determination in Countervailing Before the Court in Rebar Trade Action Coalition v. United States et. al., Slip Op. 19-107, Court No. 18-00160 (August 8, 2019) was a challenge to Commerce’s final negative determination in the countervailing duty (“CVD”) order on steel…
Sep 5th, 2019
Trade Updates for Week of September 4, 2019
United States Court of International Trade Before the Court in China Mfrs. Alliance, LLC et. al. v. United States, Slip Op. 19-115, Court No. 15-00124 (September 3, 2019) were remand redeterminations, made pursuant to a previous Court order, in regards to a challenge to the final results of an administrative…
Sep 11th, 2019
Trade Updates for Week of September 11, 2019
United States Court of International Trade 19-116 Before the Court in Nexteel Co. et. al. v. United States et. al., Slip Op. 19-116, Court No. 17-00091 (September 4, 2019) were remand redeterminations, made pursuant to a previous Court order, concerning the administrative review of the antidumping order on oil country…
Sep 30th, 2019
Trade Updates for Week of September 25, 2019
United States Court of International Trade Court Held Commerce Abused Discretion By Rejecting Record Documents Before the Court in Bosun Tools Co. et. al. v. United States et.al., Slip Op. 19-125, Court No. 18-00102 (September 23, 2019) was a consolidated challenge to Commerce’s final determination in the seventh administrative review…
Nov 7th, 2019
Trade Updates for Week of October 30, 2019
United States Court of International Trade Before the Court in Eregli Demir ve Celik Fabrikalari T.A.S. et. al. v. United States et. al., Slip Op. 19-135, Court No. 16-00218 (October 29, 2019) were Commerce’s remand determinations made in regards to the Court’s previous remand regarding less than fair value investigation…
Oct 24th, 2019
Trade Updates for Week of October 23, 2019
United States Court of International Trade 19-128 Before the Court in American Cast Iron Pipe Co. et. al. v. United States et. al. Slip Op. 19-128, Court Nos. 19-00082 & 19-00088 (October 16, 2019) were challenges to the final “less-than-fair-value” (“LTFV”) determination made by Commerce in the antidumping duty investigation…
Nov 13th, 2019
Trade Updates for Week of November 13, 2019
United States Court of International Trade 19-138 Before the Court in POSCO et. al. v. United States et. al., Slip Op. 19-138, Court No. 17-00137 (November 8, 2019) was U.S. Department of Commerce’s (“Commerce”) remand results regarding the final affirmative determination in the countervailing duty investigation of certain carbon and…
Oct 2nd, 2019
Trade Updates for Week of October 2, 2019
United States Court of International Trade 19-126 Before the Court in Home Prods. Int’l, Inc. v. United States, Slip Op. 19-126, Court No. 07-0123 (September 27, 2019) was a challenge to Customs authority to reliquidate entries improperly liquidated in accordance with a stipulation filed with the Court, after the statutory…
Nov 27th, 2019
Trade Updates for Week of November 27, 2019
United States Court of International Trade 19-147 In United States v. Greenlight Organic, Inc. and Parambir Singh “Sonny” Aulakh, Court No. 17-31, Slip Op. 19-147, Plaintiff United States (“Plaintiff” or “Government”) brought a civil enforcement action against Greenlight Organic, Inc. (“Greenlight”) and Parambir Singh “Sonny” Aulakh (“Aulakh”) (together, “Defendants”) to…
Dec 16th, 2019
Trade Updates for Week of December 11, 2019
United States Court of International Trade CIT Grants Preliminary Injunction Against USTR 19-153 Before the Court in Invenergy Renewables LLC.et. al. v. United States et. al., Slip Op. 19-153, Court No. 19-00192 (December 5, 2019) was plaintiff’s motion for a preliminary injunction (“PI”) against the United States Trade Representative (“USTR”)…
Mar 13th, 2019
Trade Updates for Week of March 13, 2019
United States Court of International Trade Motion for Reconsideration Denied Before the Court in Stupp Corp. et. al. v. United States et. al., Slip Op. 19-30, Court No. 15-00334 (March 7, 2019) was defendant intervenors, SeAH Steel Corporation, motion of reconsideration of the Court’s previous decision sustaining Commerce’s application of…
Dec 26th, 2019
Trade Updates for Week of December 4, 2019
United States Court of International Trade 19-158 Before the Court in S.C. Johnson & Son, Inc. v. United States, Slip Op. 19-158, Court No. 14-00184 (December 16, 2019) was the Court’s decision pursuant to a bench trial regarding the classification under the Harmonized Tariff Schedule of the United States (“HTSUS”)…
Jan 14th, 2019
ASK CUSTOMS TO ENFORCE YOUR PATENT? YOU MAY LOSE CONTROL OVER ITS FATE
Imagine being a patent owner whose patent claims are being litigated in Federal Court –but being barred from participating in the litigation. That’s precisely the position that Chamberlain Group, a manufacturer of garage door openers, recently found itself in at the United States Court of International Trade. Chamberlain had filed…
Feb 21st, 2019
Omnibus Spending Bill Requires USTR to Set Up Section 301 Exclusion Procedure for “Tranche 3” Goods from China
The mini-omnibus spending bill which President Trump signed on February 15 contains a provision requiring the United States Trade Representative to create an exclusion process for the third tranche of retaliatory China tariffs imposed under Section 301 of the Trade Act of 1974. The Act requires the exclusion process to…
Mar 5th, 2019
India and Turkey to Be Terminated from GSP Program
The Trump Administration has announced that India, the largest beneficiary of trade benefits under the Generalized System of Preferences (GSP), will be terminated as a beneficiary of the program, along with Turkey. The termination should occur in a little over sixty (60) days. The President notified Congress of his determination…
Mar 27th, 2019
COURT OF INTERNATIONAL TRADE UPHOLDS CONSTITUTIONALITY OF SECTION 232 TARIFFS ON STEEL AND ALUMINUM PRODUCTS, BUT RELUCTANTLY
The United States Court of International Trade has rejected a Constitutional challenge to the “national security” tariffs imposed by the President on certain steel and aluminum products, pursuant to Section 232 of the Trade Expansion Act of 1962. In American Institute for International Steel, Inc. v. United States, Slip Op….
Apr 10th, 2019
LAWSUIT SETTLEMENT RESULTS IN RECORD SECTION 592 PENALTY
An importer of saccharin has agreed to pay a record $62 million to settle a lawsuit demanding civil penalties under Section 592 of the Tariff Act of 1930 [19 U.S.C. §1592]. Univar, Inc. was charged with evading antidumping duties by misrepresenting saccharin from China as being the product of Taiwan….
Apr 19th, 2019
NATIONAL ASSOCIATION OF MANUFACTURERS CHALLENGES FET DRAWBACK RESTRICTIONS
National Association of Manufacturers v. United States, Court No. 19-00053, filed in the UnitedStates Court of International Trade on April 18, 2019, is the much-anticipated challenges to recently-implemented Customs drawback regulations [19 C.F.R. Part 190] which seek to restrict drawback ofFederal excise taxes. CBP’s final regulations seek to restrict drawback…
May 6th, 2019
USTR To Establish Section 301 Exemption Process for “Third Tranche” of China Tariffs
United States Trade Representative Robert Lighthizer has indicated that his office will set up a process whereby interested parties may seek to exempt Chinese-origin products from the Third Tranche of retaliatory tariffs imposed against Chinese goods pursuant to Section 301 of the Trade Act of 1974. These tariffs, currently set…
May 16th, 2019
TRUMP TARIFFS: THE ART OF THE EXCLUSION REQUEST
Effective May 10, 2019, President Trump announced that retaliatory tariffs against $200 billion worth of Chinese exports, imposed under authority of Section 301 of the Trade Act of 1974, would be increased from 10 percent to 25 percent ad valorem. Coupled with the announcement of the duty increase for goods…
Oct 31st, 2019
ITC DUTY SUSPENSION PORTAL NOW OPEN
On October 11, 2019, the United States International Trade Commission (ITC) opened its portal to receive petitions for the establishment of temporary duty suspension or reduction measures. The portal, established pursuant to the American Manufacturing Competitiveness Act (AMCA), will remain open for applications through 5:15 P.M. on December 10, 2019….
Nov 25th, 2019
New CIT Decision Calls into Question Some Section 232 Tariffs on Iron and Aluminum Products from Mexico and Canada
A recent decision of the United States Court of International Trade appears to have drawn limits on the President’s authority to impose “national security” tariffs on steel and aluminum products under authority of Section 232 of the Trade Promotion Act of 1962. While the President has claimed authority to adjust…
Dec 2nd, 2019
SECTION 301 TARIFFS AND THE LAW OF UNINTENDED CONSEQUENCES
Section 301 of the Harmonized Tariff Schedule is Becoming a Crowded – and Confusing – Place Two major auto makers contacted their supplier in Tennessee one recent morning, giddy with excitement. The United States Trade Representative (USTR) had apparently granted an exclusion from the Section 301 tariffs on Chinese goods…