Year: 2021
Feb 4th, 2021
Trade Updates for Week of February 3, 2021
United States Court of International Trade Slip Op. 21-08 Before the Court in PrimeSource Bldg. Prods., Inc. v. United States, Slip Op. 21-08, Court No. 20-32 (January 27, 2021) was the Governments motion to dismiss a case filed by a U.S. importer of steel nails, challenging Presidential Proclamation 9980, which…
Apr 1st, 2021
Trade Updates for Week of March 31, 2021
United States Court of International Trade Slip Op. 21-31 Before the Court in Celik Halat ve Tel Sanayi A.S. v. United States, et. al. Court No. 20-03843, Slip Op. 21-31 (March 24, 2021) was Defendant’s motion to dismiss “Plaintiff’s complaint challenging Commerce’s preliminary determination in the antidumping duty investigation into…
Apr 8th, 2021
Trade Updates for Week of April 7, 2021
United States Court of International Trade Slip Op. 21-36 Before the Court in PrimeSource Bldg. Prods., Inc. v. United States, Court No. 20-00032, Slip Op. 21-36 (April 5, 2021) was a “Joint Status Report” that both parties submitted in response to the Court’s order in PrimeSource Bldg. Prods., Inc. v….
Apr 29th, 2021
Trade Updates for Week of April 28, 2021
United States Court of International Trade Slip Op. 21-46 Before the Court in Acquisition 362, LLC v. United States, Court No. 20-03762, Slip Op. 21-46 (April 21, 2021) was the Government’s motion to dismiss for lack of subject matter jurisdiction regarding Plaintiff’s case contesting the denial of its protests over…
Apr 21st, 2021
Trade Updates for Week of April 21, 2021
United States Court of International Trade Slip Op. 21-42 Before the Court in Sao Ta Foods Joint Stock Co. v. United States, Consol. Court No. 18-00205, Slip Op. 21-42 (April 14, 2021) was Commerce’s second remand redetermination in the twelfth administrative review of the antidumping duty order covering certain frozen…
May 17th, 2021
Trade Updates for Week of May 12, 2021
United States Court of International Trade Slip Op. 21-58 Before the Court in Calgon Carbon Corp., et. al., v. United States, et. al., Court No. 18-00232, Slip Op. 21-58 (May 11, 2021) was Commerce’s second remand redetermination in the tenth administrative review (“AR10”) of the antidumping duty order on certain…
May 20th, 2021
Trade Updates for Week of May 19, 2020
United States Court of International Trade Slip Op. 21-59 Before the Court in Coal. of Am. Flange Producers v. United States, Court No. 18-00225, Slip Op. 21-59 (May 13, 2021) was Commerce’s Remand Results, which the Court ordered in Coalition of American Flange Producers v. United States, 44 CIT…
May 27th, 2021
Trade Updates for Week of May 26, 2021
United States Court of International Trade Slip Op. 21-65 Before the Court in Icdas Celik Enerji Tersane Ve Ulasim Sanayi, A.S., et. al., v. United States, et. al., Consol. Court No. 18-00143, Slip Op. 21-65 (May 20, 2021) was Defendant-Intervenor’s challenge against Commerce’s Second Remand Results in an antidumping…
Jun 11th, 2021
Trade Updates for Week of June 9, 2021
United States Court of International Trade Slip Op. 21-67 Before the Court in Fabuwood Cabinetry Corp., et. al., v. United States, et. al., Consol. Court No. 18-00208, Slip Op. 21-67 (May 27, 2021) was a scope ruling regarding antidumping duty and countervailing duty orders on certain hardwood plywood products from…
Jun 21st, 2021
Trade Updates for Week of June 16, 2021
United States Court of International Trade Slip Op. 21-73 Before the Court in ARP Mats., Inc. v. United States, Court No. 20-00144, and Harrison Steel Castings Co. v. United States, Court No. 20-00147, Slip Op. 21-31 (June 11, 2021) were two cases, in which two importers had imported goods which…
Jul 8th, 2021
Trade Updates for Week of July 7, 2021
United States Court of International Trade Slip Op. 21-81 Before the Court in In Re Section 301 Cases, Court No. 21-00025, Slip Op. 21-81 (July 6, 2021) were Plaintiff’s motions for leave to file a reply and for a preliminary injunction pursuant to U.S. CIT Rule 65(a) suspending liquidation of…
Jul 22nd, 2021
Trade Updates for Week of July 21, 2021
United States Court of International Trade Slip Op. 21-89 Before the Court in Jaramillo Spices Corp. v. United States, Court No. 20-00148, Slip Op. 21-89 (July 19, 2021) was Plaintiff Jaramillo’s action to contest Custom’s decision, which assessed Jaramillo liquidated damages of $50,000 for failure to redeliver to CBP’s custody…
Jul 29th, 2021
Trade Updates for Week of July 28, 2021
United States Court of International Trade Slip Op. 21-92 Before the Court in Canadian Solar Int’l Ltd., et. al., v. United States, et. al., Consol. Court No. 17-00173, Slip Op. 21-92 (July 28, 2021) was Commerce’s third remand redetermination, in the third administrative review the antidumping duty order covering crystalline…
Aug 11th, 2021
Trade Updates for Week of August 11, 2021
United States Court of International Trade Slip Op. 21-94 Before the Court in PrimeSource Bldg. Prods., Inc. v. United States, Court No. 20-00032, Slip Op. 21-94 (August 2, 2021) was the government’s motion for partial stay pending their appeal of the judgment entered in PrimeSource Bldg. Prods., Inc. v. United…
Aug 25th, 2021
Trade Updates for Week of August 25, 2021
United States Court of International Trade Slip Op. 21-105 Before the Court in Echjay Forgings Private Limited v. United States, et. al., Court No. 18-00230, Slip Op. 21-105 (August 20, 2021) was Commerce’s Remand Results, which the Court ordered in Echjay I so that Commerce could further explain or reconsider…
Sep 1st, 2021
Trade Updates for Week of September 1, 2021
United States Court of Appeals for the Federal Circuit 2020-1734 Before United States Court of Appeals for the Federal Circuit, in National Association of Manufacturers v. Department of the Treasury, No. 2020-1734 (August 23, 2021), was an appeal by the Government from a judgment by the United States Court of…
Sep 9th, 2021
Trade Updates for Week of September 8, 2021
United States Court of International Trade Slip Op. 21-114 Before the Court in Canadian Solar Inc., et. al., v. United States, Consol. Court No. 19-00178, Slip Op. 21-114 (September 3, 2021) was a challenge to Commerce’s final determination in the fifth administrative review of the countervailing duty order on crystalline…
Sep 16th, 2021
Trade Updates for Week of September 15, 2021
United States Court of International Trade Slip Op. 21-116 Before the Court in Columbia Aluminum Prods., LLC, v. United States, et. al., Consol. Court No. 19-00013, Slip Op. 21-116 (September 14, 2021) was Plaintiff Columbia’s action to contest a decision by Commerce that its imported products, “door thresholds” containing aluminum…
Sep 29th, 2021
Trade Updates for Week of September 29, 2021
United States Court of International Trade Slip Op. 21-130 Before the Court in M S International, Inc., et. al., v. United States, et. al., Consol. Court No. 19-00140, Slip Op. 21-130 (September 24, 2021) was Plaintiff’s motion for judgment on the agency record in a challenge to Commerce’s final determination…
Oct 14th, 2021
Trade Updates for Week of October 13, 2021
United States Court of International Trade Slip Op. 21-136 Before the Court in Root Sciences, LLC, v. United States, Court No. 21-00123, Slip Op. 21-136 (October 4, 2021) was Plaintiff Root Science’s challenge against the “deemed denial of its protest to exclusion of merchandise for import” regarding goods seized by…
Oct 21st, 2021
Trade Updates for Week of October 20, 2021
United States Court of International Trade Slip Op. 20-044 Before the Court in Oman Fasteners, LLC. et. al., v. United States, was the Government’s motion for a stay pending appeal. The Trade Court had previously found that Presidential Proclamation 9980 which imposed 25% tariffs on derivative steel products, under authority…
Oct 27th, 2021
Trade Updates for Week of October 27, 2021
United States Court of International Trade Slip On. 21-149 Before the Court in Carbon Activated Tianjin Co., Ltd., et. al., v. United States, et. al., Court No. 20-00007, Slip Op. 21-149 (October 22, 2021) was Plaintiffs challenge against Commerce’s final results in the eleventh administrative review of the antidumping duty…
Nov 17th, 2021
Trade Updates for Week of November 17, 2021
United States Court of International Trade Slip. Op. 21-154 Before the court in Solar Energy Industries Association, et. al., v. United States, et. al., Court No. 20-03941, Slip. Op. 21-154 (November 16, 2021) was Plaintiffs’ challenge against “Presidential Proclamation 10101, which withdrew the exclusion of bifacial solar panels from Section…
Dec 1st, 2021
Trade Updates for Week of December 1, 2021
United States Court of International Trade Slip Op. 21-159 Before the Court in Pasta Zara S.p.A., et. al., v. United States, et. al., Consol. Court No. 20-00023, Slip Op. 21-159 (November 30, 2021) was consolidated Plaintiffs’ challenge against the final results of Commerce’s twenty-second administrative review of the antidumping duty…
Dec 9th, 2021
Trade Updates for Week of December 8, 2021
United States Court of International Trade Slip Op. 21-163 Before the Court in China Custom Mfg., Inc., et. al., v. United States, et. al., Court No. 20-00121, Slip Op. 21-163 (December 6, 2021) was Plaintiffs’ challenge against Commerce’s scope determination for antidumping and countervailing duty orders on aluminum extrusions from…
Dec 23rd, 2021
Trade Updates for Week of December 22, 2021
United States Court of International Trade Slip Op. 21-171 Before the Court in Deacero S.A.P.I. de C.V., et. al., v. United States, et. al., Court No. 20-03924, Slip Op. 21-171 (December 22, 2021) was Deacero’s motion for judgment on the agency record pursuant to USCIT Rule 56.2, in an…
Dec 29th, 2021
Trade Updates for Week of December 29, 2021
United States Court of International Trade Slip Op. 21-174 Before the Court in Borusan Mannesmann Boru Sanayi ve Ticaret A.S., et. al., v. United States, et. al., Consol. Court No. 19-00056, Slip Op. 21-174 (December 28, 2021) was Plaintiffs’ challenge against Commerce’s remand determinations and resulting antidumping duty orders regarding…
May 6th, 2021
Trade Updates for Week of May 5, 2021
United States Court of International Trade Slip Op. 21-48 Before the Court in Uttam Galva Steels Ltd. v. United States, et. al., Court No. 19-00044, Slip Op. 21-48 (April 29, 2021) were the final results in a challenge to the 2016 administrative review conducted by Commerce of the countervailing duty…
Mar 3rd, 2021
“FIRST SALE” APPRAISEMENT AND NON-MARKET ECONOMIES: KEEP CALM AND CALL A CUSTOMS LAWYER
The United States Court of International Trade this week turned a few heads (and probably stopped a few hearts) with a decision suggesting that the Nissho-Iwai “first sale” rule of transaction value appraisement should not apply to goods from China or other non-market economy countries (NMEs), or goods which contain…
Jul 6th, 2021
CUSTOMS PROPOSES NEW ORIGIN RULES FOR CANADA, MEXICO AND CERTAIN GOVERNMENT PROCUREMENT PURPOSES
United States Customs and Border Protection has issued a proposed regulation which proposes to retain the “NAFTA Marking Rules” in 19 C.F.R. Part 102, and to make them applicable to all non-preferential origin determinations for goods imported from Canada or Mexico — not just marking, The proposal would use these…
Aug 25th, 2021
FEDERAL CIRCUIT AFFIRMS CIT DECISION INVALIDATING LIMITATIONS ON EXCISE TAX DRAWBACKS
The United States Court of Appeals for the Federal Circuit, in National Association of Manufacturers v. Department of the Treasury, No. 2020-1734 (August 23, 2021), affirmed a decision of the United States Court of International Trade (CIT) which invalidated certain Treasury Department regulations which sought to limit drawback of Federal…
Sep 24th, 2021
House Passes Legislation Targeting Excise Tax Drawbacks for Tobacco Products
No sooner did the Court of Appeals for the Federal Circuit hand exporters a major victory in obtaining excise tax drawbacks than the Treasury department has turned to Congress in an effort to reverse that decision, at least with respect to tobacco products. Recently, in National Association of Manufacturers v….
Oct 5th, 2021
USTR to Retain Section 301 Tariffs on Chinese Products But Re-Start Exclusion Process
United States Trade Representative Katherine Tai, in a speech delivered October 4, 2021, indicated that the Biden Administration has completed its 8-month review of China Trade policy, and settled on a “worker-centered” trade policy going forward. As part of this process, the Administration will be keeping in place the Section…
Oct 21st, 2021
SDNY Holds Freight Forwarder Not Strictly Liable for Lanham Act Violations When Counterfeit Goods Are Shipped
Freight forwarders are not strictly liable for violations of the Lanham Act just because they handle the transportation of goods that turn out to be counterfeit, the United States District for the Southern District of New York held in a significant recent ruling. In Nike Inc. v. B&H Customs Services,…
Nov 19th, 2021
Stick to Trade, Not Consumer Advocacy, CIT Tells Commerce Department
The fact that a foreign manufacturer misrepresented facts to consumers, while representing them accurately to the Commerce Department’s International Trade Administration (ITA) in an antidumping investigation, does not allow ITA to use “Adverse Facts Available” to determine dumping margins, the Court of International Trade recently held. In Dalian Meisen Woodworking…