Year: 2020
Jan 9th, 2020
Trade Updates for Week of January 8, 2020
United States Court of International Trade 20-03 Before the Court in United States v. Harvic Int’l, Ltd., Slip Op. 20-03, Court No. 16- 00273 (January 3, 2020) were cross motions for summary judgment in a case bought by the Government to recover the maximum allowable civil penalty for a non-revenue-loss…
Jan 15th, 2020
Trade Updates for Week of Jan 15, 2020
United States Court of International Trade 20-01 Before the Court in Amcor Flexibles Singen GmbH v. United States, Slip Op, 20-01, Court No. 15-00240 (January 3, 2020) was a challenge to Customs denial of a protest regarding the classification under the Harmonized Tariff Schedule of the United States (“HTSUS”) of…
Jan 30th, 2020
Trade Updates for Week of January 29, 2020
United States Court of International Trade 20-09 Before the Court in Nat’l Ass’n of Mfrs. et. al. v. United States, Slip Op. 20-09, Court No. 19-00053 (January 24, 2020) was a challenge to regulations promulgated by Customs and Treasury concerning federal excise tax (“FET”) and substitution duty drawback. FET is…
Mar 9th, 2020
Trade Updates for Week of March 4, 2020
United States Court of International Trade Slip Op. 20-29 Before the Court in Wirtgen Am., Inc. v. United States, et. al., Slip Op. 20-29, Court No. 20-00027 (March 4, 2020) was a challenge to the exclusion from entry of six road milling machines by Customs, relying upon an order from…
Mar 12th, 2020
Trade Updates for Week of March 11, 2020
United States Court of International Trade 20-30 Before the Court in Jiangsu Zhongji Lamination Materials Co., (HK) Ltd. et. al. v. United States et. al., Slip Op. 20-30, Court No. 18-00091 (March 9, 2020) were Commerce’s remand results in an action brought to challenge the selection of surrogate values for…
Mar 19th, 2020
Trade Updates for Week of March 18, 2020
United States Court of International Trade Slip Op. 20-33 Before the Court in Sumecht NA, Inc. v. United States, et. al., Slip Op. 20-33, Court No. 17-00244 (March 12, 2020) was an application, by plaintiff, for an award of attorneys’ fees and expenses under the Equal Access to Justice Act…
Mar 26th, 2020
Trade Updates for Week of March 25, 2020
United States Court of International Trade Slip Op. 20-37 Before the Court in Macao Commercial & Indust. Spring Mattress Mfr. v. United States, et. al., Slip Op. 20-37, Court No. 19-00005 (March 20, 2020) was a challenge to Commerce’s determination that plaintiff circumvented the antidumping duty (“AD”) order on uncovered…
Apr 2nd, 2020
Trade Updates for Week of April 1, 2020
FEDERAL CIRCUIT AFFIRMS DISMISSAL OF ANTIDUMPING REVIEW REQUEST ON FRAUD GROUNDS A so-called domestic producer association, which provided material false information to the Commerce Department, forfeited its right to request an annual review of Chinese importers in connection with the outstanding antidumping order against Fresh Garlic from the People’s Republic…
May 21st, 2020
Trade Updates for Week of May 20, 2020
United States Court of International Trade Slip Op. 20-67 Before the Court in Nat’l Ass’n of Mfrs., et. al. v. U.S. Dept of Treasury, et. al., Court No. 19-00053, Slip Op. 19-67 (May 15, 2020) was the government’s motion to stay the Court’s previous judgment in the case, pending appeal…
Jun 11th, 2020
Trade Updates for Week of June 10, 2020
United States Court of International Trade Slip Op. 20-80 Before the Court in DAK Americas LLC, et. al., v. United States, et. al., Slip Op. 20-80, Court No. 18-00238 (June 4, 2020) was a challenge to the International Trade Commission’s (“Commission”) final determination that the PET resin industry in the…
Jun 18th, 2020
Trade Updates for Week of June 17, 2020
United States Court of International Trade Slip Op. 20-83 Before the Court in Canadian Solar Int’l Ltd, et. al., v. United States, et. al., Slip Op. 20-83, Court No.17-00173 (June 15, 2020) was Commerce’s second remand results regarding in the third administrative review of the antidumping duty order on crystalline…
Jul 16th, 2020
Trade Update for Week of July 15, 2020
United States Court of International Trade Slip Op. 20-98 Before the Court in Tranpacific Steel LLC, et. al. v. United States, et. al., Slip Op. 20-98, Court No. 19-00009 (July 14, 2020) was a challenge to Presidential Proclamation No. 9772 which imposed additional Section 232 duties on steel imported from…
Jul 29th, 2020
Trade Updates for Week of July 28, 2020
United States Court of International Trade Slip Op. 20-104 Before the Court in Bldg. Sys. De Mexico, S.A. de C.V. v. United States, et. al., Slip Op. 20-104, Court No. 20-00069, (July 23, 2020) was defendant-intervenor, the American Institute of Steel Construction, LLC.’s (“AISC”) motion for a stay pending the…
Aug 5th, 2020
Trade Updates for Week of August 5, 2020
United States Court of International Trade Slip Op. 20-106 Before the Court in Vietnam Finewood Co. et. al. v. United States, Slip Op. 20-106, Court No. 19-00218 (July 31, 2020) was the government’s motion to dismiss the case for lack of jurisdiction. Plaintiffs import hardwood plywood, which is subject to…
Aug 13th, 2020
Trade Updates for Week of August 12, 2020
United States Court of International Trade Slip Op. 20-111 Before the U.S. Court of International Trade in JSW (Steel) USA, Inc. v. United States, Slip Op. 20-111, Court No. 19-00133 (August 5, 2020) was a challenge by a steel importer to the Department of Commerce’s denial of the company’s twelve…
Aug 19th, 2020
Trade Update for Week of August 19, 2020
United States Court of International Trade Slip Op. 20-119 Before the Court in Spirit AeroSystems, Inc. v. United States, et. al., Court No. 20-00094 (August 17, 2020) was Plaintiff’s motion for leave to file an amended summons and Defendants’ motions to partially dismiss Plaintiff’s complaint. The case challenged the rejection…
Aug 31st, 2020
Trade Updates for Week of August 26, 2020
United States Court of International Trade Slip Op. 20-121 Before the Court in Fabuwood Cabinetry Corp., et. al., v. United States, et. al., Court No. 18-00208, Slip Op. 20-121 (August 19, 2020) was challenge by plaintiffs to Commerce’s scope ruling, made at the request of defendant-intervenors, regarding the scope of…
Sep 2nd, 2020
Trade Updates for Week of September 2, 2020
United States Court of International Trade Slip Op. 20-123 Before the Court in Kent International, Inc. v. United States, Slip Op. 20-123, Court No. 15-00135 (August 25, 2020) were cross-motion for summary judgment regarding CBP’s classification of Plaintiff’s imported child safety seats for bicycles. Customs classified the subject merchandise under…
Oct 15th, 2020
Trade Updates for Week of October 14, 2020
United States Court of International Trade Slip Op. 20-142 Before the Court in Novolipetsk Steel Public Joint Stock Co., et. al., v. United States, et. al., Slip Op. 20-142, Court No. 20-00031 (October 8, 2020) was a motion for stay and an extension of time by defendant intervenors, Nucor and…
Oct 22nd, 2020
Trade Updates for Week of October 21, 2020
United States Court of International Trade Slip Op. 20-149 Before the Court in Canadian Solar Inc., et. al., v. United States, et. al., Court No. 18- 00184, Slip Op. 20-149 (October 19, 2020) was a challenge to Commerce’s redetermination findings in an administrative review of the countervailing duty order on…
Nov 12th, 2020
Trade Updates for Week of November 11, 2020
United States Court of International Trade Slip Op. 20-156 Before the Court in Full Member Subgroup of the Am. Inst. Of Steel Constr., LLC v. United States, et. al., Court No. 20-00088, Slip Op. 20-156 (November 3, 2020) was Defendant’s motion to dismiss Plaintiff’s complaint for lack of subject-matter jurisdiction….
Nov 4th, 2020
Trade Updates for Week of November 4, 2020
United States Court of International Trade Slip Op. 20-151 Before the Court in Uttam Galva Steels Ltd. v. United States, et. al., Court No. 19-00044, Slip Op. 20-151 (October 29, 2020) were Commerce’s remand determinations, regarding a challenge to an administrative review of the countervailing duty order on certain corrosion-resistant…
Feb 26th, 2020
Trade Updates for Week of February 26, 2020
United States Court of International Trade 20-23 Before the Court in Canadian Solar Inc. et. al. v. United States et. al., Slip Op. 20-23, Court No. 18-00184 (February 25, 2020) was a challenge to the final determinations made by Commerce in the Fourth Administrative Review of the countervailing duty order…
Apr 9th, 2020
Trade Updates for Week of April 8, 2020
United States Court of International Trade Slip Op. 20-44 Before the Court in TMB 440AE, Inc. v. United States, Slip Op. 20-44, Court No. 18- 00095 (April 6, 2020) was Commerce’s remand determinations regarding whether seamless pipe imported by plaintiff was within the scope of antidumping and countervailing duty orders…
Apr 24th, 2020
Trade Updates for Week of April 15, 2020
United States Court of International Trade Slip Op. 20-48 Before the Court in Coal. for Fair Trade in Garlic v. United States, et. al., Slip Op. 20-48, Court No. 18-137 (April 14, 2020) was a challenge to Commerce’s final results and partial rescission of the 22nd administrative review (“AR22”) of…
Apr 24th, 2020
Trade Update for Week of April 22, 2020
United States Court of International Trade Slip Op. 20-49 Before the Court in United States v. Maverick Mktg., LLC, et. al., Slip Op. 20-49, Court No. 17-174 (April 16, 2020) was defendant’s motions for partial reconsideration of the Court’s order, denying in part and granting in part defendants’ motions to…
May 8th, 2020
Trade Updates for Week of May 6, 2020
United States Court of International Trade Slip Op. 20-58 Before the Court in Novolipetsk Steel Pub. Joint Stock Co., et. al. v. United States, et. al., Court No. 19-00194 (May 1, 2020) was “Defendant … and Defendant-Intervenors’ motions to dismiss Plaintiffs’ complaint for lack of subject matter jurisdiction.” Id. at…
May 14th, 2020
Trade Updates for Week of May 13, 2020
United States Court of International Trade Slip Op. 20-63 Before the Court in T. T. International Co. v. United States, et. al., Court No. 19-0071, Slip Op. 20-63 (May 11, 2020) was a challenge to Commerce’s final results in an administrative review of the antidumping duty order on hydrofluorocarbon blends…
Jun 4th, 2020
Trade Updates for Week of June 3, 2020
United States Court of International Trade Slip Op. 20-78 Before the Court in Luoyang Bearing Corporation (Group) v. United States, et. al., Slip Op. 20-78, Court No. 19-00026 (June 1, 2020) was a challenge to Commerce determinations in an administrative review of the antidumping duty order on tapered roller bearings…
Jan 27th, 2020
Court of International Trade Strikes Down Excise Tax Drawback Restrictions
In a major victory for drawback claimants, and particularly the wine, petroleum and tobacco industries, the United States Court of International Trade recently struck down Treasury Department regulations which sought to limit drawback of excise taxes on exported substituted merchandise. In National Association of Manufacturers v. United States, Slip. Op….
Feb 19th, 2020
THE GOLD RUSH – WELL, THE STEEL AND ALUMINUM RUSH – GETS UNDERWAY
The United States Court of International Trade’s November 15, 2019 decision in Transpacific Steel Inc. v. United States held that the President was obligated to act within specific time periods in imposing adjustments on imports under Section 232 of the Trade Adjustment Act of 1962. In the case of tariffs…
Mar 3rd, 2020
FEDERAL CIRCUIT UPHOLDS CONSTITUTIONALITY OF STATUTE USED TO IMPOSE “NATIONAL SECURITY” STEEL AND ALUMINUM TARIFFS
To almost nobody’s surprise, the United States Court of Appeals for the Federal Circuit recently upheld the Constitutionality of Section 232 of the Trade Expansion Act of 1962, the statute invoked by President Trump to impose “national security” tariffs on imported steel and aluminum products. In American Institute for Imported…
Mar 17th, 2020
NEVILLE PETERSON LLP CORONAVIRUS PREPAREDNESS
The coronavirus pandemic has changed all our lives, and those changes may only be starting. Companies across the country are taking steps to embrace quarantine, social distancing and remote working to reduce the spread of the virus and protect our most vulnerable citizens. NPLLP joins in this important effort. First…
Mar 23rd, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #1
Here at Neville Peterson LLP, we’ve transitioned to a remote working environment, and remain fully operational during the Coronavirus National Emergency. Now, more than ever, it is essential for businesses and their service providers to remain in contact and available to provide assistance. We’ll be providing regular updates on the…
Mar 26th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #2
At Neville Peterson LLP, we’ve transitioned to a remote working environment, and remain fully operational during the Coronavirus National Emergency. Now, more than ever, it is essential for businesses and their service providers to remain in contact and available to provide assistance. This is our latest update on the state…
Apr 6th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #3
At Neville Peterson LLP, we’ve transitioned to a remote working environment, and remain fully operational during the Coronavirus National Emergency. Perhaps a bit less well-groomed than we started, but operational nonetheless Now, more than ever, it is essential for businesses and their service providers to remain in contact and available…
Apr 10th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #4
At Neville Peterson LLP, we’ve transitioned to a remote working environment, and remain fully operational during the Coronavirus National Emergency. We’re abiding Samuel L. Jackson’s advice to stay at home and hope you are doing the same and staying safe. Now, our latest update on the state of trade during…
Apr 20th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #5
At Neville Peterson LLP, we’ve transitioned to a remote working environment, and remain fully operational during the Coronavirus National Emergency. We get together by Skype biweekly, and we’re getting to see who dyes their hair and who does not. Remarkably, not much dyeing, but a whole lot of honestly…
Apr 27th, 2020
COVID 19 and America’s Newest Oldest Crime – Hoarding
Shortly after the President signed Presidential Proclamation 9994 invoking the Defense Production Act to fight the Coronavirus Pandemic, the Attorney General, acting under the same body of law, issued his own memorandum addressing the legal aspects of the consequences of the Proclamation. The Memorandum, dated March 24, 2020 and sent…
Apr 30th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #6
At Neville Peterson LLP, we’re fully functional in remote working mode, ready to assist our clients, and openly fretting about the fate of so many unwatered plants in offices across the nation. But trade rolls on, with fits and starts, in these challenging times, and we’re striving to keep the…
May 11th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #7
At Neville Peterson LLP, we’re continuing to work in remote mode, assisting our clients and trying to keep international trade rolling along. Herewith, the latest news affecting international trade. Food and Drug Administration The FDA revoked Emergency Use Authorization (EUA) approvals for more than 60 Chinese makers of protective…
May 18th, 2020
NEW CIT DECISION GREENLIGHTS UP TO $383 MILLION IN REFUNDS
A Friday evening decision of the United States Court of International Trade (CIT) paves the way for quick refunds of up to $383 million to substitution drawback claimants. In National Association of Manufacturers v. Department of the Treasury, Slip Op. 20-67 (May 15, 2020), Senior Judge Jane A. Restani of…
Jun 5th, 2020
TRADE IN THE TIME OF CORONAVIRUS UPDATE #8
At Neville Peterson LLP, we’re continuing to work in remote mode, as the COVID-19 crisis appears, at last, to be winding down a bit. Herewith, the latest news affecting international trade. China Relations Keep Going Downhill: The President’s Phase I trade deal with China hangs in the balance, as trade…
Jun 9th, 2020
A Brief Word on George Floyd’s Killing and Recent Demonstrations
As international trade attorneys, we devote considerable professional effort to ensuring the success of transactions and interactions between people of different colors, nationalities and creeds around the world. We have watched civil unrest unfold, literally steps from our offices, following the killings of George Floyd and others, and we add…
Jul 20th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #9
At Neville Peterson LLP, we’re continuing to work in remote mode, as the COVID-19 crisis has eased in some areas of the country, but flared up in others. Herewith, the latest news affecting international trade. President Revokes Special Trade Status for Hong Kong Following the Secretary of State’s certification under…
Jul 31st, 2020
Importers, Customs Scrambling with USMCA Implementation
Neville Peterson’s John Donohue recently addressed some of the major issues facing trade and government following the July 1, 2020 implementation of the United States-Mexico-Canada Agreement. His comments were carried in The Beacon, the magazine of the Delaware River Maritime Exchange, and can be viewed here.
Aug 12th, 2020
U.S. Court of International Trade Decision Could Call into Question the Validity of Section 301 Exclusion Request Denials by U.S. Trade Representative
A recent decision of the United States Court of International Trade could call into question the legitimacy of Commerce Department decisions denying exemptions from the Section 232 “national security” tariffs on imported steel and aluminum. Before the U.S. Court of International Trade in JSW (Steel) USA, Inc. v. United States,…
Sep 15th, 2020
New CIT Lawsuit Challenges Section 301 Tariffs on List 3, List 4A Goods
A lawsuit recently filed in the United States Court of International Trade challenges the legality of Section 301 retaliatory tariffs imposed by the President on Chinese goods appearing on Lists 3 ($200 million trade action) and 4A ($300 million trade action) of the announced retaliatory measures. This lawsuit may provide…
Sep 21st, 2020
September 21 Has Come and Gone – Can I Still File a Suit for Section 301 Duty Refunds?
This past week was like nothing before seen in the 40-year history of the United States Court of International Trade (CIT). From September 16 through September 21, 2020, more than 3,500 new lawsuits were filed in the CIT by importers seeking refunds of Section 301 tariffs imposed on Chinese goods…
Dec 1st, 2020
SECTION 301 LITIGATION; WHERE ARE WE?
Some 3500 importers have filed suit in the United States Court of International Trade, seeking recovery of tariffs imposed under Lists 3 and 4A of the retaliation lists issued in the Section 301 investigation of China’s intellectual property rights practices. Here’s a brief update on the current status of this…
Dec 24th, 2020
TRADE IN THE TIME OF CORONAVIRUS: UPDATE #10
At Neville Peterson LLP, we’ve been working through the COVID-19 pandemic, and like everyone else, we’re hoping the end is in sight as vaccines become available. Herewith, the latest news affecting international trade. THREE BIG YEAR-END DEADLINES LOOM FOR TRADE The trade community is facing three significant year-end deadlines,…