Category: Uncategorized
Dec 3rd, 2024
TRUMP AND TARIFFS: WHAT HE CAN (AND CAN’T) DO, AND WHAT TO EXPECT
After professing on the campaign trail that “tariffs” are his favorite word, President-elect Donald Trump crystallized his intent last week by saying that on the first day of his administration, he would impose 25% tariffs on all goods imported from Canada and Mexico, and an additional 10% tariffs on products…
Aug 8th, 2024
Trade Update for Week of August 7, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-84 Before the Court in Acquisition 362, LLC. d.b.a. Strategic Import Supply, LLC v. United States, Court No. 24-00011, Slip Op. 24-84 (July 23, 2024) was plaintiff’s challenge to the liquidation of entries covered by injunctions relating to certain passenger vehicle…
Jul 1st, 2024
BYE BYE, CHEVRON DEFERENCE . . . HELLO, ‘JUDGES GONE WILD’?
The Supreme Court’s June 28, 2024 decision in Loper Bright Enterprises v. Raimondo wiped away the four-decade old doctrine that reviewing courts must grant “Chevron deference” to agency regulations. The decision represents a massive shift of power away from administrative agencies and to the judicial branch of government. Perhaps nowhere…
May 28th, 2024
TRADE REPRESENTATIVE CUTS BACK ON SECTION 301 EXCLUSIONS
In the wake of its Four Year Report concerning the Section 301 tariffs imposed on products of China beginning in 2018, the United States Trade Representative has announced that it will terminate most of the existing product-specific exclusions from Section 301 tariffs, and will continue others until May 31,…
Aug 6th, 2023
ROYAL BRUSH DECISION RESTORES SOME BALANCE TO TRADE SCENE
The Federal Circuit’s July 27, 2023 decision in Royal Brush Manufacturing Inc. v. United States No. 2022-1226, represents an important step in returning equity and fairness to the rough-and-tumble world of unfair trade remedies. In Royal Brush, the Federal Circuit ruled that an importer targeted by a complaint filed under…
Aug 25th, 2023
Trade Updates for Week of August 9, 2023
United States Court of Appeals for the Federal Circuit Case No. 22-1226 Before the Federal Circuit in Royal Brush Manufacturing, Inc. v. United States, Court No. 2022-1226 (August 4, 2023), was appellant Royal Brush Manufacturing’s (“Royal Brush”) appeal from a final decision of the CIT sustaining Customs determination finding that…
Jul 13th, 2023
Trade Updates for Week of July 12, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-96 Before the Court in Greenfirst Forest Products v. United States, Court No. 22-97, Slip Op. 23-96 (July 6, 2023), is the “U.S. Department of Commerce’s (“Commerce”) remand redetermination pursuant to the Court’s order in GreenFirst Forest Prods. v. United States, 603…
Apr 19th, 2023
Trade Updates for Week of April 19, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-47 Before the Court in Kierton USA v. United States, Court No. 21-00452, Slip Op. 23-47 (April 11, 2023) was plaintiff’s application for fees and other expenses pursuant to the Equal Access to Justice Act, alleging it incurred $479,299 in attorney fees…
Oct 20th, 2016
Trade Updates for Week of October 19, 2016
United States Court of International Trade Trade Readjustment Case Transferred to District Court in Connecticut In Former Employees of Drive Sol Global Steering, Inv. v. United States, Court No. 15-172, Slip Op. 16-98 (October 13, 2016), the court denied the motion to dismiss for lack of subject matter jurisdiction…
Oct 26th, 2016
Trade Updates for Week of October 26, 2016
United States Court of International Trade Motion for Preliminary Injunction Granted in Part and Denied in Part In Sunpreme, Inc. v. United States, Court No. 16-00171, Slip Op. 16-93, the court considered a motion for a preliminary injunction (“PI”) seeking to enjoin defendant, together with its delegates, officers, agents,…
Nov 17th, 2016
Trade Updates for Week of November 16, 2016
United States Court of International Trade CIT Authorizes Deposition of Retired Customs Official Prior to Initiation of Suit An importer, foreign seller and corporate official facing a $22.7 million penalty assessment from Customs and Border protect may take a deposition to preserve the testimony of a retired Customs official…
Nov 23rd, 2016
Trade Updates for Week of November 23, 2016
United States Court of International Trade Remand Results Sustained in Part and Remanded in Part Before the court in Calgon Carbon Corporation & Cabot Norit Americas, Inc. v. United States, Court No. 14-326, Slip Op. 16-107 (November 18, 2016), was the Department of Commerce’s (“Commerce”) Final Results of Redetermination…
Nov 30th, 2016
Trade Updates for Week of November 30, 2016
United States Court of International Trade Second Redetermination in Sixth Administrative Review Sustained In Clearon Corporation and Occidental Chemical Corporation v. United States et al., Court No. 13-73, Slip Op. 16-110 (November 23, 2016), the court reviewed the second redetermination (“RR2”) on the sixth (2010-2011) administrative review of chlorinated…
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…
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…
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 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”)…
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….