Author: Neville Peterson LLP
Feb 4th, 2015
Trade Court Updates for Week of February 4, 2015
U.S. Court of International Trade Final Results Affirmed in Part and Remanded in Part; Defendants Collaterally Estopped from Defending Fifteen Day Liquidation Rule In NTN Bearing Corporation of America, et al., v. United States and the Timken Company (Defendant-intervenor), Court No. 10-286, Slip Op. 15-12 (February 3, 2015), plaintiffs (collectively, “NTN”) contested…
Jul 15th, 2015
Trade Courts Update for Week of July 15, 2015
United States Court of International Trade Cross Motion for Summary Judgment Granted in Favor of Defendant In Tyco Fire Products L.P. (“Tyco”) v. United States, Court No. 08-190, Slip Op. 15-74 (July 10, 2014), Tyco argued that its products, filled glass bulbs, should be classified under Chapter 84 of…
Mar 5th, 2015
Trade Court Updates for Week of March 5, 2015
United States Court of International Trade The Court Sustained Commerce’s Final Remand Results in Polyethylene Terephthalate Film Review In DuPont Teijin Films China Limited et al. v. United States et al., Court No. 13-229, Slip Op. 15-19 (February 27, 2015), the Court of International Trade sustained Commerce’s remand results. This…
Jan 9th, 2017
Trade Updates for Week of January 4, 2017
United States Court of International Trade Remanding in Part Final CVD and AD Determination In Changzhou Trina Solar Energy Co., Ltd. et al. v. United States, Court No. 15-68, Slip Op. 16-121 (December 30, 2016), the Court of International Trade (“Court”) remanded in part the U.S. Department of Commerce’s…
Mar 16th, 2017
Trade Updates for Week of March 15, 2017
United States Court of International Trade Motion to Dismiss Granted Before the Court in American Furniture Manufacturers Committee for Legal Trade et al. v. United States, Court No. 16-70, Slip Op. 17-25 (March 13, 2017), was defendant United States (“the government”)’s motion to dismiss a complaint filed by plaintiffs…
Mar 23rd, 2017
Trade Updates for Week of March 22, 2017
United States Court of International Trade Sustaining Remand Results In CS Wind Vietnam Co. v. United States, Court No. 13-102, Slip Op. 17-26 (March 17, 2017) the court sustained Commerce’s remand determination. This matter was before the court following a remand to the U.S. Department of Commerce (“Commerce”) ordered…
Apr 6th, 2017
Trade Updates for Week of April 5, 2017
United States Court of International Trade Default Judgment Granted in Favor of U.S. In U.S. v. Paul Puentes, Court No. 14-310, Slip Op. 17-33 (March 29, 2017), plaintiff Government brought this action to recover a civil penalty imposed on Defendant Paul Puentes (“Puentes”) by the Bureau of Customs and…
Apr 13th, 2017
Trade Updates for Week of April 12, 2017
United States Court of International Trade Default Judgment Granted in Favor of U.S. In Jacobi Carbons AB & Jacobi Carbons, Inc. v. United States et al, Court No. 15-286, Slip Op. 17-39 (April 7, 2017), plaintiffs Jacobi Carbons AB and Jacobi Carbons, Inc. (together, Jacobi”), and Plaintiff-Intervenors (collectively, with…
Apr 20th, 2017
Trade Updates for Week of April 19, 2017
United States Court of International Trade Defendant United States’ Motion for Summary Judgment Denied In Irwin Industrial Tool Company v. the United States, Court No. 15-00285, Slip Op. 17-41(April 12, 2017), plaintiff, Irwin, challenged the United States Customs and Border Protection (“Customs”) HTSUS classification of hand tools imported into…
Apr 27th, 2017
Trade Updates for Week of April 26, 2017
United States Court of International Trade Determination Remanded In Borusan Mannesmann Boru Sanayi ve Ticaret A.S. v. United States, Court No. 14-00009, Slip Op. 17-45 (April 20, 2017), plaintiff Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (“Borusan”), a Turkish producer and exporter of standard pipe – contests the final…
May 18th, 2017
Trade Updates for Week of May 17, 2017
United States Court of International Trade Motion of Preliminary Injunction Granted In Nexteel Co., Ltd. and Husteel Co., Ltd. and Hyundai Steel Company v. United States, Slip Op. 17-59, Court No. 17-91 (May 15, 2017), the court reviewed plaintiff-intervenor Husteel Co., Ltd.’s (“Husteel”) partial consent motionfor preliminary injunction to…
Jun 7th, 2017
Trade Updates for Week of May 31, 2017
United States Court of International Trade Decision Remanded in Part Back to Commerce In Jinko Solar Co., Ltd. et al. v. United States, Slip Op. 17-62, Court No. 15-80 (public version published May 26, 2017), the court considered motions for judgment on the agency record arising from the final…
May 31st, 2017
Trade Updates for Week of May 24, 2017
United States Court of Appeals for the Federal Circuit Affirmed Decision that Finding No Violation of Section 337 In Adrian Rivera, Adrian Rivera Maynez Enterprises v. ITC, Court No. 2016-1841 (May 23, 2017), Rivera filed a complaint with the International Trade Commission (“Commission”), alleging that Solofill, LLC (“Solofill”) was…
Jun 8th, 2017
Trade Updates for Week of June 7, 2017
United States Court of International Trade Decision Remanded Back to Commerce In Itochu Building Products Co., Inc. et al. v. United States, Court No. 13-132, Slip Op. 17-66 (June 5, 2017), the Court reviewed the surrogate value date for steel wire rod, an input of steel nails, and the…
Jun 15th, 2017
Trade Updates for Week of June 14, 2017
United States Court of International Trade Decision Remanded Back to Commerce In Mitsubishi Polyester Film, Inc. v. United States, Court No. 13-62, Slip Op. 17-70 (June 8, 2017), the court considered whether the subject merchandise was within scope of the “Antidumping Duty Order on PET Film, Sheet, and Strip…
Jun 22nd, 2017
Trade Updates for Week of June 21, 2017
United States Court of International Trade EAJA Fees Award in Trade Adjustment Assistance Case In Former Employee of Marlin Firearms Co. v. United States Secretary of Labor Slip Op. 17-72, Court No. 11-00060, plaintiff sought to recover legal fees, under the Equal Access to Justice Act (EAJA), for…
Jun 29th, 2017
Trade Updates for Week of June 28, 2017
United States Court of International Trade Commerce’s Decision on Certain Steel Nails Remanded In Itochu Buildings Co., Inc. et al. v. United States, Court No. 12-65, Slip Op 17-73 (June 22, 2017), the Court reviewed the U.S. Department of Commerce (“Commerce”)’s final results of the second administrative review of…
Jul 6th, 2017
Trade Updates for Week of July 5, 2017
United States Court of International Trade Labor FOP was Reconsidered on Remand In Ad Hoc Shrimp Trade Action Committee v. United States, Slip. Op. 17-76, Court No. 15-00279 (June 29, 2017), the Court reviewed Commerce’s determinations on remand filed pursuant to Ad Hoc Shrimp Trade Action Committee v. United…
Jul 14th, 2017
Trade Updates for Week of July 12, 2017
United States Court of International Trade Clarification Provided in Remand Issues for Multilayered Wood Flooring Case In Fine Furniture (Shanghai) Limited, et al. v. United States, et al., Court No 14-135, Slip Op. 17-80, defendant United States moved for clarification of an aspect of the court’s previous opinion and…
Jul 19th, 2017
Trade Updates for Week of July 19, 2017
United States Court of International Trade Partial Motion for Summary Judgment Granted in Plaintiff Government’s Favor In this penalty case, United States v. Farhan Khan, Court No. 15-250, Slip Op. 17-85 (July 13, 2017), defendant imported three types of freezable products: (1) the beverage container bags (“CoolSack”); (2) the…
Jul 27th, 2017
Trade Updates for Week of July 26, 2017
United States Court of International Trade Remand Determination Sustained in Both Solar Industries Cases In Kyocera Solar, Inc. and Kyocera Mexicana S.A. de C.V. v. United States, Court No. 15-81, Slip Op. 17-90 (July 21, 2017), the Court reviewed the U.S. Department of Commerce’s (“Commerce” or “Department”) remand determination…
Aug 3rd, 2017
Trade Updates for Week of August 2, 2017
United States Court of International Trade LED Candles are Lamps and Light Fittings of Heading 9405. In Gerson Company v. United States, Slip Op. 17-96, Court No. 11-225 (August 2, 2017), the Court determined that light emitting diodes or LED candles may not be classified under Chapter 85. Instead of…
Aug 17th, 2017
Trade Updates for Week of August 16, 2017
United States Court of International Trade: Bankruptcy Stay Does Not Bar Action to Determine 19 U.S.C. §1592 Penalties The automatic stay on lawsuit and actions to collect debts which attaches to a bankruptcy filing does not operate to block the government from pursuing a lawsuit to determine Customs penalties…
Aug 23rd, 2017
Trade Updates for Week of August 23, 2017
United States Court of International Trade Decision on Welded Line Pipe Remanded in Part In Toscelik Profil Ve Sac Endustriusi A.S., and Tosyali Dis Ticaret A.S. v. United States, Court No. 15-339, Slip Op. 17-107 (August 22, 2017), the Court considered plaintiffs’ motion for judgment on the agency record…
Aug 30th, 2017
Trade Updates for Week of August 30, 2017
United States Court of International Trade Default Judgment Granted in Penalty Case In United States v. Deladiep, Inc., Court No. 16-241, Slip Op. 17-108 (August 23, 2017), the United States (“Plaintiff” or “Government”) brought this action against Deladiep, Inc. (“Deladiep”) and John Delatorre (“Mr. Delatorre”) (collectively, “defendants”) to recover unpaid…
Sep 6th, 2017
Trade Updates for Week of September 6, 2017
United States Court of International Trade Remand Ordered in Scope Ruling In Agilent Technologies, Inc. v. United States, Court No. 16-183, Slip Op. 17-119 (September 1, 2017), the Court reviewed Department of Commerce’s (Commerce’s) scope ruling on Agilent’s mass filter radiator (MFR). Commerce determined that the MFR is covered…
Sep 13th, 2017
Trade Updates for Week of September 13, 2017
United States Court of International Trade Preliminary Injunction Granted In New Mexico Garlic Growers Coalition, et al., and Shandong Jinxiang Zhengyang Import & Export Co., Ltd. v. United States, Consol. Court No. 17-146, Slip Op. 17-121 (September 7, 2017), the court considered plaintiff-intervenors Shandong Jinxiang Zhengyang Import & Export…
Sep 26th, 2017
Trade Updates for Week of September 20, 2017
United States Court of International Trade Action to Recover Unpaid Duties and a Civil Penalty is Exempt from the Automatic Stay In United States v. Greenlight Organic, Inc., Court No. 17-31, Slip Op. 17-127 (September 15, 2017), the Court considered whether the automatic bankruptcy stay of 11 U.S.C. §…
Sep 27th, 2017
Trade Updates for Week of September 27, 2017
United States Court of International Trade Plaintiff’s Motion for Summary Judgment Granted; Defendant’s Motion to Reconsider Denied In Irwin Industrial Tool Company v. United States, Court No. 14-28, Slip Op. 17-28 (September 21, 2017), the Court granted plaintiff’s motion for summary judgment and denied defendant’s motion for reconsideration. This…
Oct 6th, 2017
Trade Updates for Week of October 4, 2017
United States Court of International Trade Motion to Dismiss Cross Claim Granted in Part In United States v. UPS Supply Chain Solutions, Inc. et al., Court No,16-00010, Slip Op. 17- 134 (September 29, 2017 ), the Court considered a motion to dismiss cross claims initiated by Defendant 4174925 Canada,…
Oct 11th, 2017
Trade Updates for Week of October 11, 2017
United States Court of International Trade Customs Allowed to Collect Dump Duties from Surety with Interest In United States v. International Fidelity Insurance Company, Slip Op. 17-136, Court No. 13-00256, (October 5, 2017) the Court heard arguments about the United States efforts to collect unpaid antidumping duties from Fidelity….
Oct 25th, 2017
Trade Updates for Week of October 18, 2017
United States Court of International Trade Commerce Decision Remanded in Part In Özdemir Boru San. Ve. Tic. Ltd. Sti., v. United States, Court No. 16-00206, Slip Op. 17-142, (October 16, 2017), Plaintiff, Özdemir Boru San. ve Tic. Ltd. Sti (“Özdemir”), a Turkish producer and exporter to the United States…
Oct 26th, 2017
Trade Updates for Week of October 25, 2017
United States Court of International Trade Commerce Decision Sustained In Weishan Hongda Aquatic Food Co., Ltd. et al. v. United States and Crawfish Processors Alliance, Court No. 16-73, Slip Op. 17-45 (October 25, 2017), Plaintiffs Weishan Hongda Aquatic Food Co., Ltd (“Weishan”), China Kingdom (Beijing) Import & Export Co.,…
Nov 8th, 2017
Trade Updates for Week of November 8, 2017
United States Court of International Trade Casings Classified as Other Made-Up Textiles In Kalle USA, Inc. v. United States, Court No. 13-00003, Slip Op.17-149 (November 2, 2017), the Court denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment. The classification issue was whether the…
Nov 16th, 2017
Trade Updates for Week of November 15, 2017
United States Court of International Trade Protest Not Approved Until Entry Reliquidated, CIT Says In a case of first impression, the United States Court of International Trade has ruled that a protest is not “allowed” until the protested entries have been reliquidated and refunds granted. In Erwin Hymer Group,…
Dec 6th, 2017
Trade Updates for Week of December 6, 2017
United States Court of International Trade Changed Circumstances Decision Remanded In Inmax Sdn. Bhd.et. al. v. United States Slip Op. 17-158, Court No. 17-00205 (December 4, 2017) the Court reviewed Commerce’s determination to conduct a changed circumstances investigation of plaintiff, and the results of the investigation. Plaintiff and affiliated…
Nov 29th, 2017
Trade Updates for Week of November 29, 2017
United States Court of International Trade Differential Pricing Analysis Upheld In The Stanley Works (Langfang) Fastening Systems Co. Ltd., et. al. v United States Slip Op. 17-156, Court No. 14-00112 (November, 27 2017) the Court reviewed Commerce’s differential pricing analysis and its application in the fourth administrative review of…
Dec 14th, 2017
Trade Updates for Week of December 13, 2017
United States Court of International Trade New Shipper Review Decision Remanded In Huzhou Muyun Wood Co. v. United States Slip Op. 17-162, Court No. 16-00245 (December 11, 2017) the court reviewed Commerce’s determination to rescind plaintiff’s request for a new shipper review. In June 2015, plaintiff requested a review…
Dec 21st, 2017
Trade Updates for Week of December 20, 2017
U.S. Court of International Trade CIT ALLOWS BROAD DISCOVERY INQUIRY IN PENALTY CASE Officers and employees of corporate importers may have reason to be concerned about their personal liability for Customs penalties and withheld duties, based on the sweeping discovery which the Court of International Trade recently granted the…
Jan 5th, 2018
Trade Updates for Week of January 3, 2018
United States Court of International Trade Affirming Commerce’s Determination in Hot-Rolled Steel Flat Products Case In Hyundai Steel Co. v. United States Slip Op. 17-173, Court No. 16-00238 (December 27, 2017) the court reviewed Commerce’s determinations from a less-than-fair-value antidumping investigation of hot-rolled steel flat products from Korea. In…
Jan 18th, 2018
Trade Updates for Week of January 10, 2018
United States Court of International Trade Remand Ordered in Antidumping Duty Investigation Results of CORE from Korea In Hyundai Steel Co. v. United Sates et al., Slip Op. 18-2, Court No. 16-161 (published January 10, 2018), the Court reviewed the final results in an antidumping investigation involving Corrision-Resistant Steel…
Jan 25th, 2018
Trade Updates for Week of January 24, 2018
United States Court of International Trade Remand Determination Sustained on Nails Case In Itochu Bldg. Prods. Co et. al. v. United States et. al. Slip Op. 18-03, Court No. 13-00132 (January 18, 2018) the Court reviewed remand redeterminations made by Commerce in regards to an annual administrative review of…
Feb 9th, 2018
Trade Updates for Week of February 7, 2018
United States Court of International Trade Remand Decision Regarding LTAR Sustained In Ozdmir Boru San. Ve Tic. Ltd. Sti., v. United States, Court No. 16-206, Slip Op. 18-6 (February 1, 2018), the Court sustained the remand decision. Commerce chose to maintain its Land for Less than Adequate Remuneration (LTAR)…
Feb 14th, 2018
Trade Updates for Week of February 14, 2018
United States Court of International Trade Pet Carriers are Not Classified under Heading 4202 In Quaker Pet Group LLC v. United States, Slip Op. 18-9, Court No. 13-0093 (February 12, 2108), plaintiffs challenged Customs denial of an administrative protest, and classification of imported pet carrier bags. Customs found that…
Feb 21st, 2018
Trade Updates for Week of February 21, 2018
United States Court of International Trade ITC Decision on Hydrofluorocarbons Remanded in Part In Arkema Inc., The Chemours Company FC, LLC, Honeywell International Inc. v. United States, Court No. 16-179, Slip Op. 18-12 (Feburary 16, 2018), the court remanded in part the material injury determination of the International Trade…
Mar 6th, 2018
Trade Updates for Week of February 28, 2018
11th ADD Review on Frozen Fish Fillets from Vietnam Remanded in Part In An Giang Fisheries Import and Export Joint Stock Company et al., v. United States, Court No. 16-72, Slip Op. 18-10 (published February 21, 2010), the court sustained in part and remanded in part, the U.S. Department of…
Mar 8th, 2018
Trade Updates for Week of March 7, 2018
United States Court of International Trade Motion to Dismiss Denied in Penalty Case In United States v. Maverick Marketing, LLC et al., Court No. 17-174, Slip Op. 18-16 (March 7 2018), plaintiff claimed that Maverick and Good Times are liable for $3,339,011.08 worth of unpaid FET pursuant to 19…
Mar 14th, 2018
Trade Updates for Week of March 14, 2018
United States Court of International Trade Remand Determination Affirmed In Evonik Corporation et al. v. United States, Court No. 15-296, Slip Op.18-21 (March 12, 2018), the Court reviewed the remand determination in the 2013-2014 administrative review of the antidumping duty order on glycine from the People’s Republic of China….
Mar 21st, 2018
Trade Updates for Week of March21, 2018
United States Court of International Trade Remand Determination Affirmed In DynaEnergetics U.S. Inc. v. United States, Court No. 16-45, Slip Op. 18-23 (March 16, 2018), the Court affirmed the U.S. Department of Commerce’s (“Commerce”) scope determination in the Remand Results, where Commerce determined that Plaintiff’s customized tubing for perforating…
May 11th, 2023
Trade Updates for Week of May 11, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-68 Before the Court in ME Global, Inc. v. United States, Court No. 19-179, Slip. Op. 23-68 (May 2, 2023) were the cross-motions for summary judgment of plaintiff and defendant concerning the proper classification of heat-treated forged steel rods from the People’s…
Jun 14th, 2023
Trade Updates for Week of June 14, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-90 Before the Court in Maple Leaf Marketing, Inc., v. United States, Court No. 20-03839, Slip Op. 23-90 (June 14, 2023) was Plaintiff Maple Leaf Marketing, Inc.’s (“Maple Leaf”) motion to dismiss Defendant U.S. Customs and Border Protection’s (“CBP”) counterclaim, and to…
Jun 22nd, 2023
Trade Updates for Week of June 21, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-91 Before the Court in Skyview Cabinet USA, Inc., v. United States, Court No. 22-08, Slip Op. No. 23-91 (June 20, 2023) was plaintiff, Skyview Cabinet Inc.’s (“Skyview”), motion for judgment on the agency record challenging U.S. Customs and Border Protection’s (“CBP…
Jun 28th, 2023
Trade Updates for Week of June 28,2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-92 Before the court in Sea Shepherd New Zealand v. United States, Court No. 20-112, Slip Op. 23-92 (June 21, 2023) was the Defendant’s motion to dismiss the third count in Plaintiffs’ complaint which alleged that the Department of Commerce acted arbitrarily,…
Jan 28th, 2015
Trade Courts Updates for Week of January 28, 2015
United States Court of International Trade Third Redetermination Remanded to Commerce Changzhou Hawd Flooring Co., Ltd. v. United States, Court No. 12-200, Slip Op. 15-7 (January 23, 2015), was before the court following a second redetermination and a voluntary partial third redetermination. In the third redetermination, the Department of Commerce…
Feb 18th, 2015
Trade Court Updates for Week of February 18, 2015
United States Court of Appeals for the Federal Circuit Affirming ITC Decision Regarding Patents in CDMA Networks In InterDigital Communications, Inc., InterDigital Tech-nology Corporation, and IPR Licensing, Inc. (collectively, “InterDigital”) v. United States International Trade Commission et al., 2014-1176 (February 18, 2015), InterDigital appealed from the final determination of the…
Mar 19th, 2015
Trade Courts Updates for Week of March 18, 2015
United States Court of Appeals for the Federal Circuit Federal Circuit Affirms Decision on Upholding Application of Countervailing Duties on Non-Market Economies In GPX International Tire Corporation et al. v. United States, Case Nos. 2014-1188, 2014-1248 (March 13, 2015), GPX International Tire Corp. and Hebei Starbright Tire Co., Ltd. (collectively,…
Apr 2nd, 2015
Trade Courts Updates For Week of April 2, 2015
United States Court of International Trade Commerce’s Final Scope Ruling Affirmed Kirovo-Chepetsky Khimichesky Kombinat, JSC, part of Uralchem, OJSC v. United States and CF Industries, Inc. and El Dorado Chemical Company, concerns a scope ruling issued by the Department of Commerce (“Commerce”) concerning solid fertilizer imported from the Russian Federation. …
Mar 26th, 2015
Trade Courts Updates for Week of March 26, 2015
United States Court of International Trade Results from Aluminum Extrusions Review Remanded in Part Tai Shan City Kam Kiu Aluminum Extrusion Co., Ltd. v. United States, Court No. 14-16, Slip Op. 15-21 (March 20, 2015) came before the court as a result of Plaintiff’s, Tai Shan City Kam Kiu Aluminium…
Apr 10th, 2015
Trade Courts Updates for Week of April 8, 2015
United States Court of International Trade Commission’s Final Determination Sustained In Coalition of Gulf Shrimp Industries v. United States et al., Court No. 13-386, Slip Op. 15-29 (April 3, 2015), Plaintiff Coalition of Gulf Shrimp Industries’ (“Plaintiff” or “COGSI” or “Petitioner”) moved for Judgment on the Agency Record pursuant to…
Apr 15th, 2015
Trade Courts Updates for Week of April 15, 2015
United States Court of International Trade Final Results Remanded to Commerce In Zhaoqing Tifo New Fibre Co. v. United States et al., Court No. 13-44, Slip Op. 15-31(April 9, 2015), the court reviewed the fourth administrative review of the antidumping duty order covering polyester staple fiber from the People’s Republic…
Apr 23rd, 2015
Trade Courts Updates for Week of April 22, 2015
United States Court of International Trade Motion for Reconsideration Denied In Elkay Manufacturing Company v. United States, et al., Court No. 13-176, Slip Op. 15-33 (April 20, 2015), Guangdong Dongyuan Kitchenware Industrial Company, Ltd.(“Dongyuan”), defendant-intervenor and consolidated plaintiff in this case, moved for reconsideration of the court’s December 22, 2014…
Apr 30th, 2015
Trade Courts Updates for Week of April 29, 2015
United States Court of International Trade Results Remanded for Third Time In Gold East Paper (Jiangsu) Co., Ltd. et al. v. U.S. et al., Court No. 10-371, Slip Op. 15-37 (April 22, 2015), the court reviewed the second Final Results of Redetermination Pursuant to Court Remand (“RR2”) concerning the antidumping…
May 6th, 2015
Trade Courts Updates for Week of May 6, 2015
United States Court of International Trade Complaint Dismissed where Plaintiff Failed to Exhaust Administrative Remedies In Ceramark Technology, Inc. v. United States, Court No. 13-357, Slip Op. 15-40 (May 1, 2015), the court considered whether Plaintiff Ceramark Technology, Inc. (“Ceramark”), failed to exhaust administrative remedies by not commenting on Commerce’s…
Feb 11th, 2015
Trade Court Updates for Week of February 11, 2015
U.S. Court of International Trade Motion for Default Judgment Granted In United States v. NYCC 1959, Inc., Court No. 14-45, Slip Op. 15-13 (February 6, 2015), the United States brings this action to recover a civil penalty as permitted by Section 592 of the Tariff Act of 1930, as amended, 19…
Jul 30th, 2015
Trade Courts Update for the Week of July 29, 2015
United States Court of International Trade Motion for Summary Judgment Granted in Part In penalty case, United States v. Horizon Products International, Inc., Court No. 14-104, Slip Op. 15-80 (July 24, 2015), the Government seeks $394,794 in unpaid duties and penalties from Defendant Horizon Products International, Inc. (“Horizon”) under…
May 13th, 2015
Trade Courts Updates for Week of May 13, 2015
United States Court of International Trade Second Remand Results Sustained Before the court in CS Wind Vietnam Co., Ltd. and CS Wind Corporation (collectively “CS Wind”), Court No. 13-102, Slip Op. 15-45, was U.S. Department of Commerce’s (“Commerce”) Final Redetermination Pursuant to Court Order, ECF No. 82 (“Second Remand Results”). The court…
May 21st, 2015
Trade Courts Updates for Week of May 20, 2015
United States Court of International Trade Court Judgment Enforced In GPX International Tire Corporation et al. v. United States et al., Court No. 08-285, Slip Op. 15-46 (May 18, 2015), consolidated plaintiffs Tianjin United Tire & Rubber International Co., Ltd. (“TUTRIC”), moved for enforcement of the court’s judgment entered October…
May 27th, 2015
Trade Courts Update for Week of May 27, 2015
United States Court of International Trade Commerce Remand Results Sustained Before the court, in Fedmet Res. Corp. v. United States, Court No. 12-215, Slip Op. 15-48 (May 22, 2015, were the final results of Defendant United States Department of Commerce’s (“Commerce”) redetermination pursuant to this court’s Order, Fedmet Res. Corp….
Jun 5th, 2015
Trade Courts Update for Week of June 3, 2015
United States Court of International Trade ITC Redetermination Sustained In JMC Steel Group et al. v. United States, Court No. 13-22, Slip Op. 15-51 (May 29, 2015), the court reviewed the redetermination ordered in JMC Steel Group v. United States, 38 CIT __, 24 F. Supp. 3d 1290 (2014) (“JMC…
Jun 11th, 2015
Trade Courts Update for Week of June 10, 2015
United States Court of International Trade Motion to Dismiss for Lack of Subject-Matter Jurisdiction Granted In P.F. Stores, Inc. v. United States and American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc., Plaintiff challenged the liquidation of certain entries subject to the antidumping duty order on wooden…
Jun 18th, 2015
Trade Courts Update for Week of June 17, 2015
United States Court of International Trade Court Sustained Commerce’s Final Determination in Less than Fair Value Investigation Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. v. United States, Slip Op. 15-57, Court No. 13-98 (June 12, 2015) involved a U.S. Department of Commerce (“Defendant” or “Commerce”) final determination in…
Jun 24th, 2015
Trade Courts Update for Week of June 24, 2015
United States Court of International Trade Court Granted Summary Judgment in Plaintiff’s Favor In LDA Incorporado v. United States, Court No. 12-349, Slip Op. 15-64 (June 19, 2015), the court granted judgment in plaintiff’s favor finding that Customs failed to follow Commerce’s scope order. LDA “is a Puerto Rican corporation…
Jul 2nd, 2015
Trade Courts Update for Week of July 1, 2015
United States Court of International Trade Court Granted and Denied in Part Defendant’s Motion to Dismiss In Fedmet Resources Corporation v. United States, Court No. 14-297 (June 26, 2015), Plaintiff Fedmet Resources Corporation (“Fedmet”), a U.S. importer, contested decisions by U.S. Customs and Border Protection (“Customs” or “CBP”) requiring…
Jul 9th, 2015
Trade Courts Update for Week of July 8, 2015
United States Court of International Trade Remand Determination Affirmed In Changzhou Hawd Flooring Co., Ltd. v. United States, Court No. 12-20, Slip Op. 15-71 (July 6, 2015), the court reviewed the fourth remand results regarding Multilayered Wood Flooring from the People’s Republic of China [(“PRC”)], 76 Fed. Reg. 64,318 (Dep’t…
Jul 22nd, 2015
Trade Courts Update for Week of July 22, 2015
United States Court of International Trade Commerce’s Final Results were Sustained Before the court in Fresh Garlic Producers Association et al. v. United States, et al., Court No. 13-23, Slip Op. 15-77 (July 16, 2015) was plaintiffs’ USCIT Rule 56.2 motion for judgment on the agency record. Plaintiffs Fresh Garlic…
Aug 5th, 2015
Trade Courts Update for the Week of August 5, 2015
United States Court of International Trade Court Denied Motion to Amend Judgment In Apex Frozen Foods Private Ltd. et al., v. United States et al., Court No. 13-283, Slip Op. 15-81 (published August 5, 2015), the court denied plaintiff’s motion to amend the judgment. First, the plaintiffs stated that the…
Aug 12th, 2015
Trade Courts Update for the Week of August 12, 2015
Federal Circuit: Section 337 Allow ITC to Stop “Induced” Infringement, Says En Banc Opinion; Four Judges Dissent The question of whether the United States International Trade Commission may exclude from entry, under Section 337 of the Tariff Act, goods which might be the subject of “induced” patent infringement claims may…
Aug 19th, 2015
Trade Courts Update for the Week of August 19, 2015
United States Court of International Trade Court Sustained Remand Results In Fengchi Import Export Co., Ltd., et al. v. United States, et al., Court No. 13-186, Slip Op. 15-86 (August 13, 2015), the court sustained the Department of Commerce’s (“Commerce”) remand results. In the underlying administrative review of the antidumping…
Aug 26th, 2015
Trade Courts Update for Week of August 26, 2015
United States Court of International Trade Court Denied Default Judgment In United States v. Selecta Corporation, LLC, Slip Op. 15-90, Court No. 11-89 (August 20, 2015), the court denied plaintiff’s motion for default judgment. Before the court was plaintiff’s application for a judgment by default seeking a civil…
Sep 3rd, 2015
Trade Courts Update for Week of September 2, 2015
United States Court of International Trade Partial 55(b) Summary Judgement Entered In United States v. Horizon International, Inc., Court No. 14-104, Slip Op. 15-96 (August 26, 2015), the court entered an immediate 54(b) partial summary judgment to allow plaintiff the United States to collect the unpaid duties and equitable prejudgment…
Sep 10th, 2015
Trade Courts Update for Week of September 9, 2015
United States Court of International Trade Denied Motion for Judgment on Agency Record Regarding Scope Ruling In Kam Kiu Aluminum Prodcuts Sdn. and Taishan City Kam Kiu Aluminum Extrusion Co. Ltd. v. United States et al., Court No. 13-402, Slip Op. 15-101 (September 3, 2015), plaintiffs Kam Kiu Aluminum Products…
Sep 24th, 2015
Trade Courts Update for Week of September 23, 2015
United States Court of International Trade Commerce’s Final Results Affirmed In Appvion, Inc. v. United States, Court No. 14-143, Slip Op. 15-104 (September 17, 2015), plaintiff, Appvion Inc., (“Appvion”) filed the instant suit disputing Commerce’s determination that certain sales were within the ordinary course of trade and that the application…
Sep 16th, 2015
Trade Courts Update for Week of September 16, 2015
United States Court of International Trade Countervailing Duty Results Sustained In Yantai Xinke SteelStructure Co., Ltd. v. United States, Court No. 10-239, plaintiff Yantai Xinke Steel Structure Co., Ltd. (“Xinke” or “plaintiff”) moved for judgment on the agency record, challenging the Final Determination of Commerce in Certain Steel Grating…
Oct 1st, 2015
Trade Courts Update for Week of September 30, 2015
United States Court of International Trade Denial of Defense Counsel’s Motion to Withdraw In United States v. International Trading Services, LLC and Julio Lorza, Court No. 12-135, Slip-Op. 15-106 (September 23, 2105), the court denied Defense counsel’s motion to withdraw as counsel for defendant where such withdrawal would leave…
Oct 8th, 2015
Trade Courts Update for Week of October 8, 2015
United States Court of Appeals for the Federal Circuit “Unreliable” Information Results in Loss of “Separate Rate” Status in Antidumping Case The failure of a respondent in an antidumping case to provide accurate information concerning its affiliations renders all of its submissions “unreliable”, and justified imposition of duties at the…
Oct 22nd, 2015
Trade Courts Update for Week of October 21, 2015
United States Court of International Trade Remand Ordered for Second Time In Beijing Tianhai Industry Co., Ltd. v. United States, Court No. 12-203, Slip Op 15-114, the court reviewed the results of a remand order. In Beijing Tianhai Industry Co. v. United States, 38 CIT __, 7 F. Supp. 3d…
Oct 29th, 2015
Trade Courts Update for the Week of October 28, 2015
United States Court of International Trade Remand Results Affirmed The court in Wheatland Tube Company v. United States, Court No. 12-296, Slip Op. 15-118 (October 21, 2015) sustained the Final Redetermination Pursuant to a Court Remand in the circular welded pipe imported from China investigation. Additionally, the court in MacLean-Fog…
Nov 4th, 2015
Trade Courts Update for Week of November 4, 2015
United States Court of International Trade Motion for Certification Denied InIcdas Celik Enerji Tersane Ve Ulasim Sanayi, A.S. v. United States, Court No. 14-267, Slip Op. 15-121 (October 30, 2015), the court denied defendant-intervenor Rebar Trade Action Coalition’s (“RTAC”) motion for certifying questions for interlocutory appeal. RTAC sought certification…
Nov 19th, 2015
Trade Courts Update for Week of November 18, 2015
United States Court of International Trade Defendant’s Motion to Dismiss and Motion for Summary Judgment Granted In American Power Pull Corporation v. United States, Court No. 14-88, Slip Op. 15-128, Judge Barnett dismissed plaintiff’s complaint and granted defendant’s motion to dismiss and motion for summary judgment. Plaintiff filed a…
Nov 11th, 2015
Trade Courts Update for Week of November 11, 2015
United States Court of International Trade Motion to Dismiss Granted where Basis of Plaintiff’s Claim was Invalid Protest In Design International Group Ltd. v. United States, Court No. 14-119, Slip Op. 15-126 (November 9, 2015), the court granted defendant’s motion to dismiss because plaintiff’s complaint was based on an…
Dec 3rd, 2015
Trade Courts Update for Week of December 3, 2015
United States Court of International Trade Court Remanded in Part Commerce’s Final Results In Fresh Garlic Producers Association et al. v. United States, Court No. 14-180, Slip Op. 15-133 (November 30, 2015), the plaintiffs challenged the Department of Commerce’s (“Commerce”) final results from the eighteenth administrative review of the…
Dec 9th, 2015
Trade Courts Update for Week of December 9, 2015
United States Court of International Trade Affirmed ITC Decision Regarding Solar Modules Kyocera Solar, Inc. et al. v. United States et al., Court No. 15-84, Slip Op. 15-136 (December 7, 2015) came before the Court upon Plaintiff’s, Kyocera Solar Inc. (“KSI”) and Kyocera Mexicana S.A. DE C.V. (“KMX”) (collectively…
Dec 16th, 2015
Trade Courts Update for Week of December 16, 2015
United States Court of International Trade Court Sustained Countervailing Duty Subsidy Decision In SolarWorld Americas Inc. v. United States, Slip Op. 15-137, Court No. 13-7 (December 14, 2015), plaintiff SolarWorld Americas Incorporated (“SolarWorld”) challenged the United States Department of Commerce’s (“Commerce”) determination, during the countervailing duty (“CVD”) investigation of…
Dec 23rd, 2015
Trade Courts Update for Week of December 23, 2015
United States Court of International Trade Court Affirmed Redetermination Results In sister cases, Peer-Bearing Company-Changshan v. United States et al., Court Nos. 10-13 and 11-22, Slip Op. 15-142/143 (December 21, 2015) the court affirmed a second redetermination in the twenty-first and twenty-second administrative reviews of an antidumping duty…
Dec 30th, 2015
Trade Courts Update for Week of December 30, 2015
United States Court of International Trade Court Remanded Redetermination Results In Trade Associates Group, Ltd. v. United States and National Candle Association, Court No. 11-397, Slip Op. 15-145, plaintiff Trade Associates Group, Ltd. (“Trade Associates”), a U.S. importer of candles, contested a 2011 “Final Scope Ruling” of the…
Jan 8th, 2016
Trade Courts Update for Week of January 6, 2016
US District Court, District of Columbia “Buy America” Exemptions Invalid, District Court Rules The Secretary of Transportation, acting through the Federal Highway Administration, improperly waived application of “Buy America” restrictions for iron and steel products purchased for Federal highway projects, according to a recent decision of the United States District…
Jan 14th, 2016
Trade Courts Update for Week of January 13, 2016
United States Court of International Trade Court Remanded in Part Redetermination Results Regarding Floor-Standing, Metal-Top Ironing Tables from China In Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd., v. United States, Court No. 12-69, Slip Op. 16-1 (January 8, 2016), the court considered, Final Results of Redetermination, ECF No….
Jan 21st, 2016
Trade Courts Update for Week of January 20, 2016
United States Court of Appeals for the Federal Circuit Federal Circuit Affirmed Commerce Decision on AFA Rate In Nan Ya Plastics Corporation, Ltd. v. United States, Court No. 2015-1054 (January 19, 2016), Nan Ya Plastics Corporation, Ltd. (“Nan Ya”) challenged the Court of International Trade’s sustaining the 74.34% adverse…
Jan 27th, 2016
Trade Courts Update for Week of January 27, 2016
United States Court of International Trade Court Sustained Commerce’s Remand Determination In Ad Hoc Shrimp Trade Action Committee v. United States, Court No. 13-346, Slip Op. 16-7 (January 22, 2015) the court reviewed the remand results regarding the seventh administrative review by the U.S. Department of Commerce (“Commerce”) of…
Feb 3rd, 2016
Trade Courts Update for Week of February 3, 2016
United States Court of International Trade Court Affirms in Part and Remands in Part Commerce’s Scope Determination In Whirlpool Corporation v. United States, Court No. 14-199, Slip Op. 16-8 (February 1, 2016), the court considered Whirlpool’s motion for judgment on the agency record, in which Whirlpool argues that Commerce…