Year: 2022
Jan 13th, 2022
Trade Updates for Week of January 12, 2022
United States Court of International Trade Slip Op. 22-1 Before the Court in Husteel Co. Ltd., et. al., v. United States, et. al., Consol. Court No. 19-00112, Slip Op. 22-1 (January 3, 2022) was Plaintiffs’ challenge against Commerce’s second remand redetermination in the 2016-2017 administrative review of the antidumping duty…
Mar 10th, 2022
Trade Updates for Week of March 10, 2022
United States Court of International Trade Slip Op. 22-12 Before the Court in Celik Halat ve Tel Sanayi A.S. v. United States, et. al., Court No. 21-00045, Slip Op. 22-12 (February 15, 2022) was Plaintiff’s challenge to a final determination that Commerce issued in an antidumping duty investigation of certain…
Mar 18th, 2022
Trade Updates for Week of March 16, 2022
United States Court of International Trade Slip Op. 22-19 Before the Court in Norca Industrial Co. LLC, et. al., v. United States, Court No. 21-00192, Slip Op. 22-19 (March 11, 2022) were consolidated plaintiff’s motion for judgment on the agency record, and the Government’s motion for a voluntary remand,…
Apr 7th, 2022
Trade Updates for Week of April 6, 2022
United States Court of International Trade Slip Op. 22-30 In United States v. Katana Racing, Inc., Slip Op 22-30 (March 28, 2022), an importer of tires, unwilling to assume liability for “safeguard” tariffs the administration had imposed on Chinese tires between 2009 and 2012, agreed to purchase Chinese tires on…
May 31st, 2022
Trade Updates for Week of May 25, 2022
United States Court of International Trade Slip Op. 22-52 Before the Court in GreenFirst Forest Products Inc., et. al. v. United States, Court No. 22-00097, Slip Op. 22-52 (May 20, 2022) was the motion of the Committee Overseeing Action for Lumber International Trade Investigation or Negotiations’ (“the Coalition”) motion to…
Jun 16th, 2022
Trade Updates for Week of June 15, 2022
United States Court of International Trade Slip Op. 22-63 Before the Court in Gujarat Flurochemicals Limited v. United States, et. al., Court No. 22-120, Slip Op. 22-63 (June 9, 2022) was plaintiff’s motion for a preliminary injunction to lower the rate of cash deposits and prohibit liquidation of entries during…
Jun 22nd, 2022
Trade Updates for Week of June 22, 2022
United States Court of International Trade Slip Op. 22-63 Before the Court in Shanghai Tainai Bearing Co. Ltd., et. al. v. United States. et. al., Court No. 22-38, Slip Op. 22-63 (June 17, 2022) was plaintiff’s motion for a preliminary injunction or writ of mandamus to enjoin Commerce and U.S….
Jun 29th, 2022
Trade Updates for Week of June 29,2022
United States Court of International Trade Slip Op. 22-75 Before the Court in All One God Faith, Inc., et. al. v. United States, et. al., Court No. 22-164, Slip Op. 22-75 (June 24, 2020) was the motion of plaintiff for leave to file an amended complaint or to supplement its…
Jul 8th, 2022
Trade Updates for Week of July 6, 2022
United States Court of International Trade Slip Op. 22-76 Before the Court in Former Employees of AT&T Services, Inc., through Communications Workers of America Local 4123 v. U.S. Secretary of Labor, Court No. 20-00075, Slip Op. 22-76 (June 30, 2022) were the parties’ motions for judgment based on the agency…
Jul 13th, 2022
Trade Updates for Week of July 13, 2022
United States Court of International Trade Slip Op. 22-77 Before the Court in Productos Laminados de Monterrey S.A. de C.V. v. United States and Nucor Tubular Products Inc., Atlas Tube, A Division of Zekelman Industries, and Searing Industries, Court No. 20-166, Slip Op. 22-77 (July 6, 2022) was the motion…
Jul 21st, 2022
Trade Updates for Week of July 20, 2022
United States Court of International Trade Slip Op. 22-84 Before the Court in Pro-Team Coil Nail Enterprise, Inc., et. al., v. United States, et. al., Court No. 18-00027, Slip Op. 22-84 (July 15, 2022) was the motion for judgment on Commerce’s Third Remand Results. Plaintiffs claim that the antidumping duty…
Sep 1st, 2022
Trade Updates for Week of September 1, 2022
On October 5, 2021, California adopted legislation (A.B. 1200) to regulate perfluorinated alkyl substance (“PFAS”) in food contact materials and articles derived from plant fibers as well as requiring information for cookware. The statute requires that manufacturers of “cookware” sold in the state list the presence of chemicals on the…
Sep 9th, 2022
Trade Updates for Week of September 8, 2022
United States Court of International Trade Case No. 21-2176 Before the Court in ARP Materials, Inc., v. United States, Case No. 21-2176 (September 6, 2022) was an appeal from the United States Court of International Trade’s (“CIT”) decision to dismiss ARP Materials, Inc. (“ARP”) and Harrision Steel Casting Co. (“Harrision”);…
Sep 22nd, 2022
Trade updates for Week of September 21, 2022
United States Court of International Trade Slip Op. 22-111 Before the Court in Eteros Technologies USA, Inc. v. United States, Court No. 21-00287, Slip Op. 22-111 (September 21, 2022) were cross motions for judgment on the pleadings by the parties concerning U.S. Customs and Border Protection’s (“CBP”) denial of Plaintiff’s…
Oct 5th, 2022
Trade Updates for Week of October 5, 2022
United States Court of International Trade Slip Op. 22-15 Before the Court in RKW Klerks, Inc., v. United States, Slip Op. 22-115 (October 04, 2022) were cross motions for summary judgment on the classification of net wraps imported for wrapping round bales of harvested crops and keeping these compressed in…
Oct 19th, 2022
Trade Updates for Week of October 19, 2022
United States Court of International Trade Slip Op. 22-116 Before the Court in Nucor Corp. v. United States, Court No. 21-00182, Slip Op. 22-116 (October, 05, 2022) was plaintiff Nucor’s challenge to the U.S. Department of Commerce’s final results in the 2018 administrative review of the countervailing duty order on…
Nov 9th, 2022
Trade Updates for Week of November 9, 2022
U.S. Court of International Trade Slip Op. 22-121 Before the Court in Ajmal Steel Tubes & Pipes Industries LLC, v. United States, and Wheatland Tube Company, Court No. 21-00587, Slip Op. 22-121 (October 28, 2022) were the parties’ motions for judgment based on the agency record regarding antidumping order for…
Nov 16th, 2022
Trade Updates for Week of November 16, 2022
US Court of International Trade Slip Op. 22-123 Before the Court in Ellwood City Forge Company, Ellwood National Steel Company, Ellwood Quality Steels Company, and A. Finkl & Sons v. United States and Metalcam S.P.A., Court No. 21-00073, Slip Op. 22-123 (November 8, 2022) was the Plaintiff’s Motion for reconsideration…
Dec 1st, 2022
Trade Updates for Week of November 30, 2022
US Court of International Trade Slip Op. 22-130 Before the Court in Sea Shepard New Zealand, et. al. v. United States, et. al., Court No. 20-112, Slip Op. 22-130 (November 28, 2022) was plaintiffs’ motion for a preliminary injunction to block importation of certain seafood from New Zealand and the…
Dec 12th, 2022
Trade Updates for Week of December 7, 2022
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 22-133 Before the Court in Goodluck India Limited v. United States, et. al., Court No. 22-24, Slip Op. 22-133 (December 1, 2022) was the Government’s partial motion to dismiss the plaintiff’s complaint alleging jurisdiction under 28 U.S.C. § 1581(c) and alternatively 1581(i)….
Dec 14th, 2022
Trade Updates for Week of December 14, 2022
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 22-140 Before the Court in MS Solar Investments, LLC v. United States, et.al., Court No. 21-303, Slip Op. 22-140 (December 12, 2022) was the Government’s motion to dismiss plaintiff’s claims for lack of jurisdiction. Plaintiff filed the case to challenging the Department…
Dec 21st, 2022
Trade Updates for Week of December 21, 2022
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 22-142 Before the Court in Virtus Nutrition LLC v. United States, Court No. 21-165, Slip Op. 22-142 was plaintiff’s motion to voluntarily dismiss its case challenging U.S. Customs and Border Protection’s (“CBP”) denial of plaintiff’s protest regarding the exclusion from entry into…
Jan 20th, 2022
Trade Updates for Week of January 19, 2022
United States Court of International Trade Slip Op. 22-3 Before the Court in POSCO, et. al., v. United States, et. al., Consol. Court No. 17-00137, Slip Op. 22-03 (January 13, 2022) was a challenge against Commerce’s determination that Korean producers of certain carbon and alloy steel cut-to-length plate (“CTL plate”)…
Feb 4th, 2022
Trade Updates for Week of February 2, 2022
United States Court of International Trade Slip Op. 22-05 Before the Court in NEXTEEL Co., et. al., v. United States, et. al., Consol. Court No. 20-03898, Slip Op. 22-05 (January 21, 2022) was Defendant-Intervenors California Steel Industries, Inc.’s (“CSI”) and Welspun Tubular LLC USA’s (“Welspun”) partial consent motion to…
Feb 17th, 2022
Trade Updates for Week of February 16, 2022
United States Court of International Trade Slip Op. 22-11 Before the Court in Best Mattresses Int’l Co., et. al., v. United States, et. al., Consol. Court No. 21-00281, Slip Op. 22-11 (February 14, 2022) was “an application for statutory injunction on liquidation, contested by the parties on the basis…
Mar 3rd, 2022
Trade Updates for Week of March 2, 2022
United States Court of International Trade Slip Op. 22-15 Before the Court in Amcor Flexibles Kreuzlingen AG Co. v. United States, Court No. 16-00193, Slip Op. 22-15 (February 22, 2022) was Plaintiff’s challenge against CBP’s tariff classification of Formpack, a flexible packaging material imported by Plaintiff, under HTSUS Subheading 7607.20.10…
Apr 13th, 2022
Trade Updates for Week of April 13, 2022
United States Court of International Trade Slip Op. 22-32 In In re Section 301 Litigation, Slip Op. 22-32 (April 1, 2022), a three-judge panel of the Court held that the United States Trade Representative (USTR) had the authority to impose the List 3 and 4A sanctions as part of a…
May 5th, 2022
Trade Updates for Week of May 4, 2022
United States Court of International Trade Slip Op. 22-30 Before the Court in J.D. Irving, Limited v. United States, Court No. 21-641, Slip Op. 20-40 (May 2, 2022) was plaintiff’s motion to expedite the briefing and consideration of the action. Plaintiff filed its complaint to challenge the antidumping duty (“AD”)…
May 19th, 2022
Trade Updates for Week of May 18, 2022
United States Court of International Trade Slip Op. 22-47 Before the Court in Voestalpine USA Corp, et. al., v. United States, Consol. Court No 20-3829, were three different motions. Plaintiff’s motion for reconsideration of the previous dismissal of the consolidated case 20-3829 and 21-290, and a motion to file an…
Feb 2nd, 2022
Challenging the Imposition of Section 301 Duties on Chinese Imports: Summary of the Oral Argument in HMTX Industries, Inc. v. United States
On February 1, 2022, a three-judge panel of the United States Court of International Trade heard oral argument in the Section 301 litigation lead case, HMTX Industries LLC et al., v. United States. This case, in which some 6000 importers (and counting) have joined, seeks to have the Section 301 tariffs imposed…
Mar 2nd, 2022
Dead Rabbit? Recent CIT Ruling Upholds Traditional Customs Rules of Origin
In recent years, United States Customs and Border Protection (CBP) has been adopting increasingly novel interpretations of the rules determining the country of origin of imported goods. Largely in an effort to maximize collection of Section 301 tariffs on Chinese-origin products, Customs has wandered away from the traditional “substantial transformation”…
Mar 14th, 2022
Customs Gives Maquiladoras and Other COVID-Stricken Manufacturers a Duty Break
A recent Customs Headquarters Ruling provides a dutiable value allowance for certain manufacturers whose operations were impacted by COVID shutdowns during 2020. In Customs Headquarters Ruling H321226 of January 7, 2022, Customs held that a manufacturer operating a Mexican maquiladora could exclude from its computed value calculations certain plant costs…
Mar 28th, 2022
USTR Reinstates Section 301 Duty Suspensions for 352 Products
United States Trade Representative, Katherine Tai has announced the reinstatement of 352 product specific exclusions from the Section 301 retaliatory tariffs imposed on Chinese goods. The reinstated exclusions had previously expired in late 2020. USTR had sought comments regarding the possible reinstatement of some 549 expired suspensions. The agency has…
Apr 5th, 2022
CIT Shoots Down $5.7 Million Customs Suit for “Withheld Duties”
Customs’ Automated Commercial Environment (ACE) is a notoriously un-secure system for doing government business. Someone with access to the system and a company’s EIN number can make entry of virtually any merchandise in that company’s name. Customs has little way of knowing if the party filing the entry holds a…
May 4th, 2022
Administration to Review Section 301 Tariffs as Four Year Deadline Approaches
The United States Trade Representative (USTR) has issued required “60 day notices”, beginning the statutory process which requires that trade retaliation actions taken under Section 301 of the Trade Act of 1974 be reviewed after they have been in effect four (4) years. USTR is asking domestic “stakeholders” if they…
Jun 6th, 2022
PRESIDENT ESTABLISHES 24-MONTH MORATORIUM ON IMPOSITION OF ANTIDUMPING, COUNTERVAILING DUTIES ON SOLAR GOODS FROM SOUTHEAST ASIAN COUNTRIES
In a somewhat unprecedented development, President Biden today announced a 24-month moratorium on the imposition of antidumping and countervailing duties on solar panels and cells imported from four Southeast Asian countries – Cambodia, Malaysia, Thailand and Vietnam. The development comes in the midst of a series of Commerce Department…
Aug 16th, 2022
GOVERNMENT COUNTERCLAIMS IN PROTEST CASES? NOT SO FAST, CIT SAYS
Ever since enactment of the Customs Courts Act of 1980, which gave the United States Court of International Trade jurisdiction over counterclaims, litigants and the government have assumed that Customs could assert a claim for the payment of more duties than were assessed upon liquidation of Customs entries. But two…
Aug 16th, 2022
FEDERAL CIRCUIT COURT OVERTURNS DECISION LINKING “NON-MARKET ECONOMY” STATUS TO CUSTOMS VALUATION RULES
In a much-awaited decision, the United States Court of Appeals for the Federal Circuit (CAFC) has ruled that the application of the Customs valuation laws is not affected by the question of whether imported goods or their components are from a “non-market economy” country. In Meyer Corporation U.S. v. United…
Sep 21st, 2022
CONTROLLED SUBSTANCES ACT DOES NOT BAR IMPORTATION OF MARIJUANA PRODUCTION EQUIPMENT, COURT OF INTERNATIONAL TRADE RULES
The Federal Controlled Substances Act (CSA) does not bar the importation of equipment for processing marijuana where State laws authorize the possession and use of such equipment, according to an important new ruling by the United States Court of International Trade (CIT). In Eteros Technologies USA Inc. v. United States,…