Author: Neville Peterson LLP
Apr 16th, 2025
Trade Update for Week of April 16, 2025
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 25-41 Before the Court in Under the Weather, LLC v. United States, Court No. 21-00211, Slip Op. 25-41 (April 15, 2025) was Plaintiff’s motion to amend its complaint to add an amended Count Two, which asserts a claim for relief under Section…
Apr 10th, 2025
Trade Update For Week of April 9, 2025
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 25-33 Before the Court in Mosaic Co. v. United States, Court No. 23-00246, Slip Op. 25-34 (April 1, 2025) was a consolidated action by plaintiff and defendant-intervenor contesting a final determination of the International Trade Administration, U.S. Department of Commerce. Plaintiff, The…
Apr 2nd, 2025
Trade Update for Week of April 2, 2025
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 25-31 Before the Court in United States v. Koehler Oberkirch GmbH, Court No. 24-00014, Slip Op. 25-31 (March 27, 2025) was the Government’s motion to collect over a quarter-billion dollars in unpaid antidumping duties and interest from Defendant Koehler Oberkirch GmbH and…
Mar 27th, 2025
Trade Update for Week of March 26, 2025
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 25-30 Before the Court in Eteros Technologies USA, Inc. v. United States, Court No. 25-00036, Slip Op. 25-30 (March 26, 2025) was a motion to expedite the briefing schedule of an action for declaratory relief requested by plaintiff, and a cross-motion…
Mar 19th, 2025
Trade Update for Week of March 19, 2025
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 25-26 Before the Court in Southwest Airlines Co., v. United States, Court No. 22-00141, Slip Op. 25-26 (March 18, 2025) were cross motions for summary judgment in connection to the fate of a customs passenger processing fee paid by customers who…
Mar 19th, 2025
Trade Update for March 12, 2025
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 25-24 Before the Court in Catfish Farmers of America v. United States, Court No. 20-00105, Slip Op. 25-24 (March 10, 2025) was a challenge to the U.S. Department of Commerce’s use of India rather than Indonesia as the primary surrogate country…
Feb 27th, 2025
Trade Update for Week of February 26, 2025
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 25-20 Before the Court in Precision Components, Inc., v. United States, Court No.23-00218 Slip Op. 25-20 (February 25, 2025) was a challenge to the final scope ruling of the United States Department of Commerce regarding certain low-carbon steel blanks imported from the…
Feb 20th, 2025
Trade Update for Week of February 20, 2025
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 25-16 Before the Court in Jiangsu Senmao Bamboo & Wood Indus. Co. v. United States, Court No. 22-00190, Slip Op. 25-16 (February 18, 2018) was a court’s review of the remand determination of the U.S. Department of Commerce’s surrogate value data for…
Feb 13th, 2025
Trade Update For February 13, 2025
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 25-13 Before the Court in Honeywell International, Inc., v. United States, Court No. 17-00256, Slip-Op 25-13 (January 30, 2025) were cross-motions for summary judgments regarding U.S. Customs and Border Protection’s denial of three protests challenging the agency’s liquidation of Honeywell’s radial,…
Feb 3rd, 2025
Trump Administration Imposes Tariffs on Goods from Canada, Mexico, China; Canada and Mexico Retaliate
On February 2, 2025, President Trump signed three Executive Orders imposing new tariffs on goods from Canada, Mexico and China. Canada quickly retaliated by imposing tariffs on American goods. Mexico has announced that it will impose retaliatory measures, both in the form of tariffs and nontariff barriers. China has indicated…
Jan 23rd, 2025
Trade Update for Week of January 22, 2025
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 25-06 Before the Court in Hyundai Steel Co. v. United States and Dongkuk Steel Mill Co. v. United States, (January 16, 2025) was the Department of Commerce’s redetermination in two countervailing duty cases involving South Korea’s greenhouse gas regulatory system, which the…
Jan 8th, 2025
Trade Update for Week of January 8, 2025
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 25-01 Before the Court in Tube Forgings of Am., Inc. v. United States, Court No. 23-00231, Slip Op. 25-01 (January 2, 2025) was an issue of first impression regarding the jurisdiction of the Court of International Trade (“CIT”) addressing the question of…
Nov 8th, 2024
Trade Update for Week of November 6, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-123 Before the Court in Ildico Inc. v. United States, Court No. 18-00136, Slip Op. 24-123 (November 1, 2024) were cross motions for summary judgement by the parties on the question of whether the cases of the watches imported by Ildico are…
Oct 30th, 2024
Trade Updates for Week of October 30, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-117 Before the Court in Seneca Foods Corp. v. United States, Court No. 22-00243, Slip Op. 24-117, was a decision by the United States Court of International Trade (“CIT”) to sustain the Department of Commerce’s denials of certain exclusion requests filed by…
Oct 16th, 2024
Trade Update for Week of October 16, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-114 Before the Court in Cozy Comfort Company, LLC v. United States, Court No. 1:22-cv-00173 (SAV), Slip Op. 24-114 (October 15, 2024) were motions in limine submitted by both parties. The Court of International Trade reviewed this action pursuant to its 28…
Oct 10th, 2024
Trade Updates for Week of October 9, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-108 Before the Court in Keystone Automotive Operations, Inc. v. United States, Court No. 21-002157, Slip Op. 24-108 (October 7, 2024) were cross motions for judgment. The Court analyzed whether various side bars, nerf bars, and bars (collectively “subject merchandise”) attached to…
Sep 26th, 2024
Trade Updates for Week of September 25, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-100 The government’s Complaint was sufficient to make an importer respond to a demand for 19 U.S.C. §1592(a) withheld duties, the Court of International Trade held in United States v. Katana Racing, Inc., Court No. 19-00125, Slip Op. 24-100 (September 9, 2024)….
Sep 26th, 2024
Trade Updates for Week of September 11, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-101 Before the Court in Sea Shepherd New Zealand, et. al. v. United States, Slip Op. 24-101 (September 11, 2024) was a joint stipulation of dismissal with prejudice under USCIT Rule 41 filed by the parties. This action relates to an earlier…
Aug 21st, 2024
Trade Update for Week of August 21, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-97 Before the Court in United States v. Koehler Oberkirch Gmbh, f/k/a Paierfabrik August Koehler SE, f/k/a Papierfabrik August Koehler AG and Koehler Paper SE, Court No. 24-00014, Slip Op. 24-97 (August 21, 2024) was an action by the government to recover…
Aug 15th, 2024
Trade Update for Week of August 14, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-91 Before the Court in International Rights Advocates v. Alejandro Mayorkas, Secretary U.S. Dept. of Homeland Security and Troy A. Miller, Acting Commissioner of U.S. Customs and Border Protection, Court No. 23-00165, Slip Op. 24-91 (August 8, 2024) was a motion…
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 3rd, 2024
Trade Update for Week of July 3, 2024
United States Court of International Trade Slip Op. 24-69 Before the Court in Greentech Energy Solutions, Inc. v. United States, Court No. 23-00118, Slip Op. 24-69 (June 10, 2024) was a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim brought forth by the…
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…
Jun 12th, 2024
Trade Update for Week of June 12, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-63 Before the Court in United States of America v. Aegis Security Insurance Company, Court No. 1:20-cv-03628 (SAV), Slip Op. 24-63 (May 28, 2024) was a motion for reconsideration filed by the Government seeking to (1) reimagine the proceedings and its own…
Jun 5th, 2024
Trade Update for Week of June 5, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-58 Before the Court in Auxin Solar, Inc. v. United States, Court No. 23-00274, Slip Op. 23-58 (May 9, 2024) were cross motions to dismiss, motions to intervene of nine proposed defendant-intervenors, a supplemental protective order filed by proposed defendant-intervenors, and a…
Jun 3rd, 2024
New Court of International Trade Decision Discusses “Deemed Liquidation” of Drawback Entries
A significant new decision of the United States Court of International Trade discusses the concept of “deemed liquidation” of drawback claims. In Performance Additives LLC v. United States, Slip Op 24-65 (May 31, 2024), the CIT made two significant determinations, as follows; If all of the designated import entries in…
May 29th, 2024
Trade Updates for Week of May 29, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-57 Before the United States Court of International Trade (“CIT”) in Kent Displays, Inc. v. United States, Court No. 20-00156 (May 9, 2024) were cross-motions for summary judgment in relation to certain type of dashboards that were subject to additional duties of…
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,…
May 9th, 2024
Trade Updates for Week of May 8, 2024
United States Court of International Trade Sahamitr Pressure Container PLC., v. United States, Slip Op. 24-54 Before the United States Court of International Trade in Sahamitr Pressure Container PLC., v. United States, Court No. 22-00107 (May 2, 2024) was an antidumping case concerning a challenge to the Department of Commerce’s…
Apr 25th, 2024
Trade Updates for Week of April 24, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Blue Sky the Color of Imagination, LLC, v. United States, Slip Op. 24-42 Before the Court in Blue Sky the Color of Imagination, LLC, v. United States, Court No. 21-00624, Slip Op. 24-42 (April 10, 2024) were cross motions for summary judgment by…
Mar 18th, 2024
Aluminum Extrusions: Everything, Everywhere, All at Once.
The imposition of antidumping and countervailing duty orders on a given class or kind of merchandise often causes producers of subject goods in the targeted countries to take action to avoid liability under the orders. This may involve changing the nature of the goods produced to remove them from the…
Feb 28th, 2024
Trade Updates for Week of February 28, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Fraserview Remanufacturing Inc. v. United States, Slip Op. 24-8 In Fraserview Remanufacturing Inc. v. United States, Slip Op 24-8 (January 25, 2024) a Canadian exporter of softwood lumber had some eighty (80) entries suspended while the Commerce Department conducted its first administrative review of the…
Feb 5th, 2024
CIT Won’t Consider “Non-Enumerated” Tariff Provisions in Determining “Substitutability” for Drawback Purposes
The United States Court of International Trade recently determined that it will not consider language appearing at “non-enumerated” provsions of the Harmonized Tariff Schedule (HTS) when determining whether imported and exported goods are “substitutable” for duty drawback purposes. In Spirit Aerosystems LLC v. United States, Slip Op. 24-10 (January 30,…
Feb 5th, 2024
Deemed Liquidation? Not So Fast!
A comedy of errors involving the handling of softwood lumber entries ended with Customs in tears, courtesy of an interesting new Court of International Trade decision. In Fraserview Remanufacturing Inc. v. United States, Slip Op 24-8 (January 25, 2024), a Canadian exporter of softwood lumber had some eighty (80) entries…
Jan 10th, 2024
Trade Updates for Week of January 10, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Before the Court in CVB, Inc. v. United States and Brooklyn Bedding, LLC., et al., Court No. 21-288, Slip Op. 24-02 (January 8, 2024) was a motion to retract the Court’s public slip opinion and accord confidential treatment to alleged business proprietary information contained…
Jan 4th, 2024
Trade Updates for Week of January 3, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Before the Court in Jilin Bright Future Chem. Co., v. United States, Court No. 22-00336, Slip Op. 23-189 (December 21, 2023) was a challenge to the final results of the U.S. Department of Commerce in the fourteenth administrative review of the antidumping duty order…
Jan 2nd, 2024
Cannabis Industry Players Need To Take Control Of Their Supply Chains
Supply chain planning is important to players in the legal cannabis industry. Processing and harvesting equipment which might be lawful to own in one state might be prohibited “drug paraphernalia” in another. This requires industry members to take care in routing domestic movements of their wares. As the industry emerges…
Dec 28th, 2023
The Evolving Legal Landscape For Importing Cannabis-Related Goods
The legal landscape surrounding the importation of cannabis “drug paraphernalia” has seen a remarkable turn in recent years that requires continued vigilance within the industry. A diverse range of cannabis products are needed to serve the needs of the cannabis industry at each level of the supply chain. Whether focused…
Dec 18th, 2023
Trade Updates for Week of December 13, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Before the Court in Trina Solar (Changzhou) Science & Technology Co., Ltd., et al. v. United States (defendant) and American Alliance for Solar Manufacturing (defendant-intervenor), Court No. 23-00219, Slip Op. 23-174 (December 12, 2023) was a consent motion to remand to the United States…
Nov 15th, 2023
Trade Updates for Week of November 15, 2023
United States Court of Appeals for the Federal Circuit Before the Court of Appeals for the Federal Circuit in Solar Energy Industries Association, et. al. v. United States, et. al., Case 22-1392 (November 13, 2023) was the government’s appeal of the Court of International Trade’s (“CIT”) prior judgment in favor…
Nov 1st, 2023
Trade Updates for Week of November 1, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-146 Before the Court in Southern Cross Seafoods, LLC v. United States and National Marine Fisheries Service, Court No. 22-00299, Slip Op. 23-146 (October 5, 2023) was Plaintiff’s motion to supplement the administrative record for certain document categories that plaintiff alleges are…
Sep 28th, 2023
Trade Updates for Week of September 27, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-139 Before the Court in Second Nature Designs Ltd., v. United States, Court No. 17-00271, Slip Op. 23-139 (September 21, 2023) were cross motions for summary judgment concerning the classification of imported various decorative items of plant parts under Harmonized Tariff Schedule…
Sep 13th, 2023
Trade Updates for Week of September 13, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-129 Before the Court in AM/NS Calvert LLC v. United States, Court No. 21-00005, California Steel Industries, Inc. v. United States, Court No. 21-00015, and Valbruna Slate Stainless Steel, Inc. v. United States, Court No. 21-00027, Slip Op. 23-129 (September 6, 2023)…
Sep 13th, 2023
Say Good-bye To Finality Of Liquidation?
“Finality of liquidation” has long been a core principle of American Customs law. When an importer files an entry of merchandise, Customs and Border Protection “CBP” has up to one year to “liquidate” that entry, making the final determination as to the classification, value, rate of duty and admissibility of…
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…
Jun 30th, 2016
Trade Courts Update for Week of June 29, 2016
United States Court of International Trade Final Determination Regarding Prestressed Steel Rail Tie Wire from Thailand Remanded in Part In Davis Wire Coporation and Insteel Wire v. United States, Court No. 14-131, Slip Op. 16-63 (June 28, 2016), plaintiffs Davis Wire Corp. and Insteel Wire Products Company challenged a…
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…