Author: Neville Peterson LLP
Feb 10th, 2016
Trade Courts Update for Week of February 10, 2016
United States Court of International Trade Court Sustained Commerce’s Final Determination In Apex Frozen Foods Private Limited et al. v. United States, Court No.14-226, Slip Op. 16-9(published on February 10, 2015), the court considered plaintiffs Apex Frozen Foods Private Limited, et al.’s (collectively “plaintiffs”) motion for judgment on the…
Feb 25th, 2016
Trade Courts Update for Week of February 24, 2016
United States Court of International Trade Affirmed Countervailing Duty Determination In Hebei Jiheng Chemicals Co., Ltd. v. United States, Court No. 14-337, Slip Op. 16-15 (February 18, 2016), plaintiff Hebei Jiheng Chemicals Co., Ltd. (“Jiheng”) challenged the final determination of the U.S. Department of Commerce (“Commerce”) in the countervailing…
Mar 3rd, 2016
Trade Courts Update for Week of March 2, 2016
United States Court of International Trade Second Remand Results Sustained In Ethan Allen Operations, Inc. et al, v. United States, Court No. 14-147, Slip Op. 16-19, (February 29, 2016) the Court considered the second remand to Commerce on whether four (4) types of wooden chests should be included in…
Mar 10th, 2016
Trade Courts Update for Week of March 9, 2016
United States Court of International Trade Court Denied Motion to Take Judicial Notice In Tri Union Food Products, Inc. et al., v. United States, et al., Consolidated Court No. 14-249, Slip Op. 16-20 (March 8, 2016), the court reviewed a motion for judicial notice filed by Consolidated Plaintiffs Vietnam…
Mar 17th, 2016
Trade Courts Update for Week of March 16, 2016
United States Court of International Trade Court Denied Motion to File Brief as Amicus Curiae Before the court in Changzhou Trina Solar Energy Co., Ltd. & Trina Solar (Changzhou) Science & Technology Co., Ltd. v. United States, Slip Op. 16-22, Consol. Court No. 15-68, was a motion by the…
Mar 24th, 2016
Trade Courts Update for Week of March 23, 2016
United States Court of International Trade Court Denied Motion to File Brief as Amicus Curiae In Jedwards International, Inc. v. United States, Court No. 11-31, Slip Op. 16-23 (March 21, 2016), the court reviewed a motion by DSM Nutritional Products, LLC (“DSM”), pursuant to USCIT Rule 76 for leave…
Mar 31st, 2016
Trade Courts Update for Week of March 30, 2016
United States Court of International Trade Defendant Ordered to Pay Duties for Incorrect Claims In United States v. Juan Carlos Chavez, Court No. 12-104, Slip Op. 16-26 (March 25, 2016) a suit for unpaid duties for the corrected classification and incorrectly claiming duty-free treatment under the Caribbean Basin Economic…
Apr 7th, 2016
Trade Courts Update for Week of April 6, 2016
United States Court of International Trade Denial of Plaintiff’s Motion for Judgment on the Agency Record The decision contested in Aluminum Extrusions Fair Trade Committee v. United States and Rheetech Sales & Services, Inc., Court No. 14-206, Slip Op. 16-31 (March 31, 2016) is the Final Scope Ruling…
Apr 14th, 2016
Trade Courts Update for Week of April 13, 2016
United States Court of International Trade Court Sustained Third Redetermination Before the court in Foshan Shunde Yongjian Housewares & Hardware Co., Ltd. & Polder, Inc. v. United States, Court No. 10-59, Slip Op. 16-35 (April 7. 2016) was the United States Department of Commerce’s (“Commerce”) Third Final Results of…
Apr 21st, 2016
Trade Courts Update for Week of April 20, 2016
United States Court of International Trade Court Remanded Findings in Final Determination In Itochu Building Products, Co., Inc. v. United States, Court No. 15-9, Slip Op. 16-37 (April 15, 2016), plaintiff, Itochu Building Products Company, Inc. (“Plaintiff” or “Itochu”) challenged the final determination of the U.S. Department of Commerce…
Apr 28th, 2016
Trade Courts Update for Week of April 27, 2016
United States Court of International Trade Court Denied Plaintiff’s Motion for Summary Judgment In Suntec Industries Co., Ltd. v. United States and Mid Continent Nail Coporation, Court No. 13-157, Slip Op. 16-40 (April 22, 2016) Suntec Industries Co., Ltd. (“Suntec”) repeatedly argued that it did not have actual notice…
May 5th, 2016
Trade Courts Update for Week of May 3, 2016
United States Court of International Trade Court Sustained Fourth Remand Results In Since Hardware (Guangzhou) Co., Ltd. v. United States, Court No. 09-123, Slip Op. 16-42 (April 28, 2016), the Court considered the United States Department of Commerce’s (“the Department” or “Commerce”) Fourth Final Results of Redetermination Pursuant to…
May 12th, 2016
Trade Courts Update for Week of May 11, 2016
United States Court of International Trade Remand Determination Not Supported by Substantial Evidence Before the court in Bell Supply Co. v. United States, Court No. 14-66, Slip Op. 16-41 (published May 4, 2016), is the U.S. Department of Commerce’s (“Commerce” or “Department”) remand redetermination filed pursuant to the court’s…
May 18th, 2016
Trade Courts Update for Week of May 18, 2016
United States Court of International Trade Court Sustained Remand Redetermination In Gang Yan Diamond Products, Inc. et al. v. United States, Court No. 14-148, Slip Op. 16-49 (May 11, 2016), the court considered the results of remand of Diamond Sawblades from the People’s Republic of China (“PRC”) (“Remand”) of…
May 26th, 2016
Trade Courts Update for Week of May 25, 2016
United States Court of International Trade Final Determination Remanded in Part Before the court in Tension Steel Industries Co., Ltd v. United States, Court No. 14-218, Slip Op. 16-51 (published May 24, 2016), were motions for judgment on the agency record of Consolidated Plaintiffs Tension Steel Industries Co., Ltd….
Jun 9th, 2016
Trade Courts Update for Week of June 8, 2016
United States Court of International Trade Redetermination in Eight Administrative Review Remanded in Part In Vinh Hoan Corporation et al. v. United States, Court No. 13-156, Slip Op. 16-53 (published June 3, 2016), the court had remanded Commerce’s final determination in the eighth administrative review of the antidumping duty…
Jun 15th, 2016
Trade Courts Update for Week of June 15, 2016
United States Court of International Trade Preliminary Injunction Granted In Neo Solar Power Corporation v. United States, Court No. 16-88, Slip Op. 16-58 (June 9, 2016), Neo Solar Power Corporation’s (“Neo”) moved for a preliminary injunction regarding liquidation of its entries into the United States. Neo is a producer…
Jun 23rd, 2016
Trade Courts Update for Week of June 22, 2016
United States Court of International Trade Motion to Intervene Denied Neo Solar Power Corporation v. United States., concerns a challenge to the Department of Commerce’s (“Commerce”) decision rejecting Plaintiff Neo’s request to be included in the administrative review of the antidumping duty order on certain crystalline silicone photovoltaic products…
Jul 6th, 2016
Trade Courts Update for Week of July 6, 2016
United States Court of International Trade Plaintiff’s Motion for Judgment on the Agency Record Denied IKEA Supply AG, v. United States and Aluminum Extrusions Fair Trade Committee, concerns a challenge to the Department of Commerce’s (“Commerce”) determination that certain towel racks imported by IKEA fell within the scope of…
Jul 13th, 2016
Trade Courts Updates for Week of July 13, 2016
United States Court of International Trade Remand Redetermination Remanded in Part In Fresh Garlic Producers Association et al. v. United States et al., Consolidated Court No. 14-80, Slip Op. 16-68 (July 7, 2016), the court reviewed the United States Department of Commerce’s (“Commerce”) Final Results of Redetermination Pursuant to…
Jul 20th, 2016
Trade Courts Updates for Week of July 20, 2016
United States Court of International Trade Remand Determination Affirmed In Elkay Manufacturing Company v. United States, Court No. 13-176, Slip Op. 16-169 (July 14, 2016), plaintiffs Elkay Manufacturing Company (“Elkay”) and Guangdong Dongyuan Kitchenware Industrial Company, Ltd. (“Dongyuan”) contested an affirmative determination (“Final Determination”) that the International Trade Administration,…
Jul 27th, 2016
Trade Courts Updates for Week of July 27, 2016
United States Court of International Trade Commerce Determination Remanded in Part In this copper tube and pipe case, Golden Dragon Precise Copper Tube Group, Inc. v. United States, Court No. 15-177, Slip Op. 16-71 (July 21, 2016), Golden Dragon Precise Copper Tube Group, Inc. (et al.; collectively “Golden Dragon”),…
Aug 4th, 2016
Trade Courts Update for Week of August 3, 2016
United States Court of International Trade Denying Plaintiff’s Claim Regarding the User Defined Rule and Entering Declaratory Judgment in Favor of Plaintiff on Count II of Amended Complaint In Fed Met Resources Corporation v. United States, Court No. 14-297, Slip Op. 16-75 (August 1, 2016), plaintiff Fedmet Resources Corporation…
Aug 17th, 2016
Trade Courts Updates for Week of August 17, 2016
United States Court of International Trade Court Remands Commerce’s Decision Regarding Polyethylene Terephthalate In Tianjin Wanhua Co., Ltd. v. United States, Court No. 15-190, Slip Op. 16-79 (August 15, 2016, the court remanded the U.S. Department of Commerce’s (“Commerce”) results from its fifth administrative review of the antidumping duty…
Aug 25th, 2016
Trade Courts Updates for Week of August 24, 2016
United States Court of International Trade Remand Results Sustained Before the court in Golden Dragon Precise Copper Tube Group, Inc. et al. v. United States, Slip Op. 16-80, Court No. 14-00116 (August 23, 2016) were the Final Results of Redetermination Pursuant to Court Order, Golden Dragon Precise Copper Tube…
Sep 8th, 2016
Trade Courts Updates for Week of September 7, 2016
United States Court of International Trade Default Judgment Entered In United States v. NYCC 1959, Inc., Court No. 15-111, Slip Op. 16-83 (September 7, 2016), plaintiff filed suit to recover unpaid duties and a civil penalty, as permitted by Section 592 of the Tariff Act of 1930, as amended,…
Sep 15th, 2016
Trade Courts Updates for Week of September 14, 2016
United States Court of International Trade Instructions Issued Pursuant to Mandate Before the court in Albemarle Corporation v. United States, Court No. 11-45, Slip Op. 16-84 (September 7, 2016) was the mandate issued by the United States Court of Appeals for the Federal Circuit (“Court of Appeals”) in Albemarle…
Sep 22nd, 2016
Trade Updates for Week of September 21, 2016
United States Court of International Trade Court Affirmed in Part and Remanded in Part Final Results In Gaungzhou Jangho Curtain Wall System Engineering Co., Ltd. et al. v. United States, Court Nos. 15-23 and 15-24, Slip Op. 16-87 (September 19, 2016), Guangzhou Jangho Curtain Wall System Engineering Co. Ltd….
Sep 29th, 2016
Trade Updates for Week of September 28, 2016
United States Court of International Trade Remand Required in Redetermination of Steel Concrete Reinforcing Bar from Turkey The court considered remand results in Rebar Trade Action Coalition v. United States et al., Court No. 14-268, Slip Op. 16-88 (September 21, 2016). There were several aspects of Commerce’s decision in…
Oct 6th, 2016
Trade Updates for Week of October 5, 2016
United States Court of International Trade Remand Required in Frozen Warmwater Shrimp from Thailand Case In Pakfood Public Limited et al v. United States, Court No. 14-230, Slip Op. 16-90 (October 4, 1996) the court decided to remand the case back to Commerce. This action involved the final results…
Oct 13th, 2016
Trade Updates for Week of October 12, 2016
United States Court of International Trade Redetermination Remanded Regarding Curtain Walls In Shenyang Yuanda Aluminum Industry Engineering Co. v. United States, Court No. 14-106 Slip Op. 16-94 (October 6, 2016), this court reviewed the second remand determination resulting from challenges from plaintiffs Shenyang Yuanda Aluminum Industry Engineering Co., Ltd. and…
Dec 7th, 2016
Trade Updates for Week of December 7, 2016
United States Court of International Trade Plaintiff’s Motion for Judgment on Agency Record Denied In Neo Solar Powerv. United States et al., Court No. 16-88, Slip Op. 16-111 (December 1, 2016), the court reviewed plaintiff Neo Solar Power Corporation (“NSP”)’s motion for judgment on the agency record pursuant to…
Aug 9th, 2016
INTERNATIONAL TRADE UPDATE
Court of International Trade Rules Against CBP Limits on Seeking Preferential Tariff Status by Protest; “Rejected” Protests are Still Alive and Pending In a decision with potentially far-reaching ramifications, the United States Court of International Trade (CIT) has ruled that Customs may not prevent importers from raising certain claims…
Dec 15th, 2016
Trade Updates for Week of December 14, 2016
United States Court of Appeals for the Federal Circuit Federal Circuit Upholds Award of Attorney’s Fees in Customs Classification Case International Customs Products Inc. fought in the Federal courts for over a decade when Customs increased duties on its imported “white sauce” product without revoking a binding ruling the…
Dec 29th, 2016
Trade Updates for Week of December 28, 2016
United States Court of International Trade Remanding in Part the Fourth Administrative Review In Hangzhou Yingqing Material Co. and Hangzhou Qingqing Mechanical Co. v. United States, Court No. 14-133 (December 21, 2016), the Court reviewed the fourth administrative review (and aligned new shipper review) conducted by the U.S. Department…
Jan 12th, 2017
Trade Updates for Week of January 11, 2017
United States Court of International Trade Motion to Stay Liquidation Granted In Sunpreme, Inc. v. United States, Slip Op. 17-1, Court No. 15-315 (January 5, 2017), the court granted defendant’s motion to stay liquidation pending defendant’s appeal where defendant would have no recourse to challenge the court’s decision that…
Jan 25th, 2017
Trade Updates for Week of January 25, 2017
United States Court of International Trade Court Sustained Remand Results In Juancheng Kangtai Chemical Co., Ltd. et al. v. United States et al., Court No. 14-0056, Slip Op.17-3, the court considered the redetermination on the seventh administrative review of chlorinated isocyanurates from the People’s Republic of China (PRC). On…
Feb 10th, 2017
Trade Updates for Week of February 8, 2017
United States Court of International Trade Court Sustained Remand Results in Part In Shandong Rongxin Import & Export Co., Ltd. v. United States and Dixon Ticonderoga, Court No. 15-151, Slip Op. 17-11 (February 3, 2017), the Court remanded in part Commerce’s remand decision in the case of dumped pencils. …
Feb 17th, 2017
Trade Updates for Week of February 15, 2017
United States Court of International Trade Blanket with Sleeves Classified as Blanket In Allstar Marketing Group, LLC v. United States, Court No. 13-395, Slip Op. 17-15 (February 10, 2017), plaintiff challenged U.S. Customs and Border Protection’s (“Customs”) liquidation of the subject import, a polyester fleece knit article referred to…
Mar 2nd, 2017
Trade Updates for Week of March 1, 2017
United States Court of International Trade Motion for Amended Preliminary Injunction Denied In An Giang Fisheries Import and Export Joint Stock Company et al. v. United States, Court No. 16-72, Slip Op. 17-19 (February 24, 2017), the court denied plaintiff’s motion to amend the statutory injunction. This matter was…
Mar 29th, 2017
Trade Updates for Week of March 29, 2017
United States Court of International Trade Sustaining Remand Results In United States Steel Corporation et al. v. United States, Court No. 14-263, Slip Op. 17-28 (Public Decision Issued March 23, 2017), the Court reviewed the U.S. Department of Commerce’s (“Department” or “Commerce”). Final Results of Redetermination Pursuant to Remand…
May 4th, 2017
Trade Updates for Week of May 3, 2017
United States Court of International Trade Redetermination Sustained. Before the court in Albemarle Corp. and Ningxia Huahui Activated Carbon Co., Ltd., v. United States, Court No. 11-451, Slip Op. 17-51 (April 28, 2017) were the Final Results of Redetermination Pursuant to Court Remand (Oct. 14, 2016), ECF No. 135…
May 11th, 2017
Trade Updates for Week of May 10, 2017
United States Court of International Trade Remand Results Sustained Before the Court, in TMK IPSCO et al. v. United States, Slip Op. 17-54, Court No. 10-00055, Slip Op. 17-54 (May 3, 2017), was the U.S. Department of Commerce’s (“Department” or “Commerce”) Final Results of Redetermination Pursuant to Court Remand…
Mar 29th, 2018
Trade Updates for Week of March 28, 2018
United States Court of International Trade Commerce’s Determinations Sustained In Itochu Building Products Co. Ltd., et. al. v. United States, et.al. Slip Op. 18-24, Court No. 12-00065 (March 22, 2018) the Court reviewed Commerce’s determinations on remand regarding an antidumping order. Previously, the Court had remanded the case for…
Apr 11th, 2018
Trade Updates for Week of April 11, 2018
United States Court of International Trade Preliminary Injunction Denied in 232 Case Earlier this year the President imposed a 25 percent ad valorem tariff on imports of steel (the “Steel Tariff”) under the authority of Section 232 of the Trade Expansion Act of 1962, 19 U.S.C. § 1862, which allows…
Apr 26th, 2018
Trade Updates for Week of April 25, 2018
United States Court of International Trade Final Results Regarding Certain Activated Carbon Remanded in Part In Jacobi Carbons AB Jacobi Carbons, Inc. et al. v. United States et al., Consol. Court No. 15-286, Slip Op. 18-46 (April 19, 2018), the Court remanded in part, Department of Commerce’s final results…
May 14th, 2018
Trade Updates for Week of May 9, 2018
United States Court of International Trade Remanded Decision in Certain Corrosion-Resistant Steel Products (CORE) Case In JSW Steel Ltd. and JSW Steel Coated Products Ltd. v. United States, et al., Court No. 16-165, Slip Op. 18-51 (May 9, 2018), Plaintiffs JSW Steel Limited and JSW Steel Coated Products Limited…
Dec 13th, 2018
Trade Updates for Week of December 12, 2018
United States Court of International Trade Raising Bond Requirement was found to be an Abuse of Discretion Before the Court in Tabacos USA, Inc. v. United States, Court No. 18-00221 (December 7, 2018) was plaintiff’s challenge to Customs raising of the company’s entry bond amount from $300,000 to $400,000. The…
Dec 12th, 2018
Trade Updates for Week of December 5, 2018
United States Court of International Trade Negative Injury Determinations Made By the ITC Were Sustained Before the Court in T.B. Wood’s Inc. v. United States et. al., Slip Op. 18-164, Court No. 17-00022 (November 29, 2018) was plaintiffs challenge to the negative injury determination made by International Trade Commission (“ITC”)…
Dec 20th, 2018
Trade Updates for Week of December 19, 2018
United States Court of International Trade Bonds Were Not Nullified as a Result of Pension Protection Act Before the Court in Hartford Fire Insurance Co. v. United States, Slip Op. 18-172, Court No. 11-00135 (December 14, 2018) were cross motions for summary judgement regarding the denial of plaintiff’s protests of…
Mar 13th, 2019
Trade Updates for Week of March 13, 2019
United States Court of International Trade Motion for Reconsideration Denied Before the Court in Stupp Corp. et. al. v. United States et. al., Slip Op. 19-30, Court No. 15-00334 (March 7, 2019) was defendant intervenors, SeAH Steel Corporation, motion of reconsideration of the Court’s previous decision sustaining Commerce’s application of…
Dec 26th, 2019
Trade Updates for Week of December 4, 2019
United States Court of International Trade 19-158 Before the Court in S.C. Johnson & Son, Inc. v. United States, Slip Op. 19-158, Court No. 14-00184 (December 16, 2019) was the Court’s decision pursuant to a bench trial regarding the classification under the Harmonized Tariff Schedule of the United States (“HTSUS”)…
Feb 26th, 2020
Trade Updates for Week of February 26, 2020
United States Court of International Trade 20-23 Before the Court in Canadian Solar Inc. et. al. v. United States et. al., Slip Op. 20-23, Court No. 18-00184 (February 25, 2020) was a challenge to the final determinations made by Commerce in the Fourth Administrative Review of the countervailing duty order…
Apr 9th, 2020
Trade Updates for Week of April 8, 2020
United States Court of International Trade Slip Op. 20-44 Before the Court in TMB 440AE, Inc. v. United States, Slip Op. 20-44, Court No. 18- 00095 (April 6, 2020) was Commerce’s remand determinations regarding whether seamless pipe imported by plaintiff was within the scope of antidumping and countervailing duty orders…
Apr 24th, 2020
Trade Updates for Week of April 15, 2020
United States Court of International Trade Slip Op. 20-48 Before the Court in Coal. for Fair Trade in Garlic v. United States, et. al., Slip Op. 20-48, Court No. 18-137 (April 14, 2020) was a challenge to Commerce’s final results and partial rescission of the 22nd administrative review (“AR22”) of…
Apr 24th, 2020
Trade Update for Week of April 22, 2020
United States Court of International Trade Slip Op. 20-49 Before the Court in United States v. Maverick Mktg., LLC, et. al., Slip Op. 20-49, Court No. 17-174 (April 16, 2020) was defendant’s motions for partial reconsideration of the Court’s order, denying in part and granting in part defendants’ motions to…
May 8th, 2020
Trade Updates for Week of May 6, 2020
United States Court of International Trade Slip Op. 20-58 Before the Court in Novolipetsk Steel Pub. Joint Stock Co., et. al. v. United States, et. al., Court No. 19-00194 (May 1, 2020) was “Defendant … and Defendant-Intervenors’ motions to dismiss Plaintiffs’ complaint for lack of subject matter jurisdiction.” Id. at…
May 14th, 2020
Trade Updates for Week of May 13, 2020
United States Court of International Trade Slip Op. 20-63 Before the Court in T. T. International Co. v. United States, et. al., Court No. 19-0071, Slip Op. 20-63 (May 11, 2020) was a challenge to Commerce’s final results in an administrative review of the antidumping duty order on hydrofluorocarbon blends…
Jun 4th, 2020
Trade Updates for Week of June 3, 2020
United States Court of International Trade Slip Op. 20-78 Before the Court in Luoyang Bearing Corporation (Group) v. United States, et. al., Slip Op. 20-78, Court No. 19-00026 (June 1, 2020) was a challenge to Commerce determinations in an administrative review of the antidumping duty order on tapered roller bearings…
May 6th, 2021
Trade Updates for Week of May 5, 2021
United States Court of International Trade Slip Op. 21-48 Before the Court in Uttam Galva Steels Ltd. v. United States, et. al., Court No. 19-00044, Slip Op. 21-48 (April 29, 2021) were the final results in a challenge to the 2016 administrative review conducted by Commerce of the countervailing duty…
Jan 20th, 2022
Trade Updates for Week of January 19, 2022
United States Court of International Trade Slip Op. 22-3 Before the Court in POSCO, et. al., v. United States, et. al., Consol. Court No. 17-00137, Slip Op. 22-03 (January 13, 2022) was a challenge against Commerce’s determination that Korean producers of certain carbon and alloy steel cut-to-length plate (“CTL plate”)…
Feb 4th, 2022
Trade Updates for Week of February 2, 2022
United States Court of International Trade Slip Op. 22-05 Before the Court in NEXTEEL Co., et. al., v. United States, et. al., Consol. Court No. 20-03898, Slip Op. 22-05 (January 21, 2022) was Defendant-Intervenors California Steel Industries, Inc.’s (“CSI”) and Welspun Tubular LLC USA’s (“Welspun”) partial consent motion to…
Feb 17th, 2022
Trade Updates for Week of February 16, 2022
United States Court of International Trade Slip Op. 22-11 Before the Court in Best Mattresses Int’l Co., et. al., v. United States, et. al., Consol. Court No. 21-00281, Slip Op. 22-11 (February 14, 2022) was “an application for statutory injunction on liquidation, contested by the parties on the basis…
Mar 3rd, 2022
Trade Updates for Week of March 2, 2022
United States Court of International Trade Slip Op. 22-15 Before the Court in Amcor Flexibles Kreuzlingen AG Co. v. United States, Court No. 16-00193, Slip Op. 22-15 (February 22, 2022) was Plaintiff’s challenge against CBP’s tariff classification of Formpack, a flexible packaging material imported by Plaintiff, under HTSUS Subheading 7607.20.10…
Apr 13th, 2022
Trade Updates for Week of April 13, 2022
United States Court of International Trade Slip Op. 22-32 In In re Section 301 Litigation, Slip Op. 22-32 (April 1, 2022), a three-judge panel of the Court held that the United States Trade Representative (USTR) had the authority to impose the List 3 and 4A sanctions as part of a…
May 5th, 2022
Trade Updates for Week of May 4, 2022
United States Court of International Trade Slip Op. 22-30 Before the Court in J.D. Irving, Limited v. United States, Court No. 21-641, Slip Op. 20-40 (May 2, 2022) was plaintiff’s motion to expedite the briefing and consideration of the action. Plaintiff filed its complaint to challenge the antidumping duty (“AD”)…
May 19th, 2022
Trade Updates for Week of May 18, 2022
United States Court of International Trade Slip Op. 22-47 Before the Court in Voestalpine USA Corp, et. al., v. United States, Consol. Court No 20-3829, were three different motions. Plaintiff’s motion for reconsideration of the previous dismissal of the consolidated case 20-3829 and 21-290, and a motion to file an…
Feb 16th, 2015
Best Key Textiles Co. v. United States
In Best Key Textiles Co. v. United States, No. 2014-1327 (February 3, 2015), the recipient of a ruling concerning the tariff classification of metalized yarn challenged Customs decision to revoke the ruling as being Arbitrary, capricious, an abuse of discretion, and not otherwise in accordance with law, in violation of the Administrative…
Mar 12th, 2015
NEW CIT Decision Eliminates "Liberal Reading" of Protests
Liberal treatment of communications with Customs as constituting a “protest” may be a thing of the past, for in Ovan International Limited v. United States, Slip. Op. 15-17 (February 23, 2015), the CIT held that, in order to be considered a valid protest, a document must be labeled as such,…
Apr 22nd, 2015
Customs Centers of Excellence and Expertise (CEEs): Program Directives and Evolution of Responsibilities
I. INTRODUCTION Numerous importers have recently raised questions concerning Customs’ initiative regarding the establishment of Centers of Excellence and Expertise (CEEs) to handle transactions in discrete industry-defined areas of responsibilities. This memorandum provides background information on CEEs and their current operational status. CEEs are an attempt by Customs to centralize…
Apr 23rd, 2015
Possible Retroactive Renewal of the Generalized System of Preferences (GSP)
After a nearly two-year hiatus, Congress appears ready to reinstate the Generalized System of Preferences (GSP), which provides duty-free treatment for selected goods from “beneficiary developing countries”. Moreover, Congress appears ready to make the renewal retroactive to July 31, 2013, when it expired, and to provide a mechanism for importers…
Jul 13th, 2015
Retroactive Renewal of the Generalized System of Preferences (GSP)
On June 29, 2015, Congress and President Obama reinstated the Generalized System of Preferences (GSP), which provides duty-free treatment for selected goods from “beneficiary developing countries.” The GSP had previously expired on July 31, 2013. The new legislation provides for retroactive refunds of duties paid on GSP-eligible goods for the…
Jul 27th, 2015
SHOULD YOUR COMPANY INDEMNIFY ITS IMPORT MANAGER?
Recent court decisions have made an already scary importing environment even scarier. Companies may be well-advised to consider protecting their import personnel. Your company’s long-serving import manager edges nervously into your office with an unusual request; she would like the company to provide her with an indemnity and hold harmless agreement….
Jul 27th, 2015
THE MYSTERY OF THE MISSING LEGAL DOCTRINE
The CIT’s latest penalty decision is another headscratcher. Call it the Mystery of the Missing Legal Doctrine – a whodunit worthy of Sherlock Holmes and John Watson. And we’re talking the contemporary Benedict Cumberbatch/Martin Freeman Holmes and Watson. This missing doctrine was in plain sight during the time of Conan…
Jul 28th, 2015
Update to Retroactive Renewal of the Generalized System of Preferences (GSP)
Effective July 29, 2015, Congress and President Obama reinstated the Generalized System of Preferences (GSP), which provides duty-free treatment for selected goods from “beneficiary developing countries.” H.R. 1295, The Trade Preferences Extension Act of 2015 (“the Act”), was introduced in the House on March 14, 2015, and extends the GSP,…
Aug 10th, 2015
CUSTOMS TAKES ANOTHER CRACK AT EXPANDING THE FORM 5106 IMPORTER IDENTIFICATION STATEMENT
Last year, U.S. Customs and Border Protection (CBP) caused quite a stir when it proposed amendments to Form 5106, the basic form typically filed by a Customhouse broker to provide basic information concerning an importer of record – name and address, type of entity and taxpayer ID/importer number. Stung by…
Oct 7th, 2015
Negotiators Agree on Trans-Pacific Partnership (TPP Agreement)
This week in Atlanta, the United States and 11 of its trading partners around the Pacific Rim – Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam – announced that they had reached agreement on the Trans-Pacific Partnership (TPP), a plurilateral agreement which, if adopted, will…
Jun 27th, 2016
Customs Outsmarts Itself – Possibly – In Section 592 Penalty Case
Having sought civil Customs penalties against an importer under Section 592 of the Tariff Act on grounds of fraud, the government could not, in suing to recover those penalties in the United States Court of International Trade, allege in the alternative that the violations occurred by means of gross-negligence or…
Aug 23rd, 2016
Treasury, Customs Publish Interim “ENFORCE/PROTECT ACT” Regulations
Hard on the heels of a General Accountability Office (GAO) report showing that the Federal Government is owed some $2.3 billion in uncollected antidumping duties and countervailing duties, the Treasury Department and United States Customs and Border Protection have published interim final regulations implementing the “ENFORCE/PROTECT ACT” provisions of the…
Sep 6th, 2016
ITC READIES NEW DUTY SUSPENSION PROCEDURE
Congress is preparing to give away money – millions of dollars’ worth – and qualifying importers need only step forward to ask for theirs. Earlier this year, President Obama signed into law the American Manufacturing Competitiveness Act of 2016 (“AMCA”), which creates a new administrative procedure whereby importers and other…
Nov 21st, 2016
Repeal of the “Consumptive Demand Exception” to 19 U.S.C. §1307 Could Lead to Headaches for Importers
Congress recently and quietly repealed the “consumptive demand exception” to the ban on importation of goods make with forced, child or indentured labor set out in Section 307 of the Tariff Act of 1930, as amended [19 U.S.C. §1307]. The little-noticed changed could have serious…
Dec 7th, 2016
Supreme Court to Consider “International Patent Exhaustion” Issue
In a matter of tremendous importance to the international trade community, the United States Supreme Court last week agreed to consider the question of whether the sale of a patented article abroad “exhausts” a U.S. patent owner’s rights in the product. The issue will determine when patent owners may use…
Jan 31st, 2017
Analyzing Trump Administration Threats and Proposals Regarding Trade With Mexico
The fledgling Trump Administration sowed confusion and alarm in its first week with a series of Presidential and staff statements involving trade with Mexico. First, the President signed an Executive Order directing construction of a wall along the United States’ border with Mexico (although Congress would need to approve and…
Jun 28th, 2017
CIT TO LOOK AT ANTIDUMPING “SETTLEMENT” PAYMENTS
The United States Court of International Trade recently surprised many by indicating that it will take a look of the controversial practice whereby certain domestic petitioners in antidumping and countervailing duty cases seek “settlement payments” from foreign companies in exchange for excluding them from annual Commerce Department reviews of outstanding…
Feb 5th, 2018
Getting Trade Data Reports Admitted Into Evidence In Court: A Primer (as featured in Datamyne Blog)
Descartes Datamyne subscribers use trade data reports for a variety of purposes – to monitor competitors’ importing activities, to detect intellectual property infringements, to spot contract breaches, and to detect wrongdoing in a variety of circumstances. In some cases, some parties may wish to use trade data reports in litigation…
Feb 26th, 2018
FAILURE TO LAUNCH: CUSTOMS’ DRAWBACK DELAY PUTS IMPORTERS AND EXPORTERS IN LIMBO
February 24, 2018 was supposed to be a red letter day for importers and exporters. Two years earlier, Congress, in enacting the Trade Facilitation and Trade Enforcement Act (TFTEA), announced a historic expansion of the duty drawback statute, Section 313 of the Tariff Act. Substitution for drawback purposes, long governed…
Mar 5th, 2018
Section 232 Tariffs on Imported Steel and Aluminum: What You Need to Know (Part I)
Last week, the President unexpectedly announced that, acting under authority of Section 232 of the Trade Expansion Act of 1962, as amended [19 U.S.C. §1862], he would impose significant new tariffs on a wide range of steel and aluminum imports from all foreign countries. He indicated that there would be…
Mar 26th, 2018
Drawback Strikes Back
We recently noted the dismay of duty drawback filers when Customs and Border Protection failed to publish regulations needed to process refunds under the new duty drawback rules of the Trade Facilitation and Trade Enforcement Act (TFTEA), which entered into force on February 24, 2018. Dismay turned to anger when,…
Mar 29th, 2018
NO CONFERENCE? NO SECTION 592 PENALTY, COURT SAYS
Customs’ failure to provide an importer with a requested in-person conference to discuss a penalty claim being imposed under Section 592 of the Tariff Act invalidates the agency’s $4.5 million claim for penalties and withheld duties, according to recent decision of the United States Court of International Trade. In United…
Jun 6th, 2018
DUTY DRAWBACK AND THE STEEL AND ALUMINUM TARIFFS: A FIGHT TO BE FOUGHT?
Presidential Proclamations 9704 and 9705, which entered into force on March 23, 2018 imposed additional tariffs of 10% ad valorem on a wide range of imported aluminum products, and 25% ad valorem tariffs on many imported steel products. The tariffs were imposed pursuant to Section 232 of the Trade Expansion…
Jul 9th, 2018
USTR Issues Procedures for Seeking Product-Specific Exclusions From Section 301 Tariffs on Chinese-Origin Goods
Retaliatory tariffs of 25% ad valorem, imposed pursuant to Section 301 of the Trade ct of 1974, went into force against a wide range of imported Chinese goods on July 6, 2018. The United States Trade Representative (USTR) has announced procedures for a process whereby interested parties may seek product-specific…
Aug 27th, 2018
Customs Laws Push State Unfair Trade Remedies Aside, Court Rules
When can State unfair trade practice laws be used to punish alleged importing violations? Not often, according to a recent decision from the United States District Court for the District of Connecticut. Wind Corporation v. Wesko Locks, Ltd., No. 3: 18-cv-292 (D. Conn) was a lawsuit brought by a Connecticut…
Oct 15th, 2018
DUTY DRAWBACK: THE COURT HAS SPOKEN, NOW THE BALL’S IN TREASURY’S COURT
Back in February, 2018, the Treasury Department bypassed a Congressional deadline for issuing regulations concerning how duty drawbacks should be calculated under the Trade Facilitation and Trade Enforcement Act (TFTEA). Drawback claimants who had been promised a “transition year” in which they could claim drawback either under historical rules or…
Jan 14th, 2019
ASK CUSTOMS TO ENFORCE YOUR PATENT? YOU MAY LOSE CONTROL OVER ITS FATE
Imagine being a patent owner whose patent claims are being litigated in Federal Court –but being barred from participating in the litigation. That’s precisely the position that Chamberlain Group, a manufacturer of garage door openers, recently found itself in at the United States Court of International Trade. Chamberlain had filed…
Feb 21st, 2019
Omnibus Spending Bill Requires USTR to Set Up Section 301 Exclusion Procedure for “Tranche 3” Goods from China
The mini-omnibus spending bill which President Trump signed on February 15 contains a provision requiring the United States Trade Representative to create an exclusion process for the third tranche of retaliatory China tariffs imposed under Section 301 of the Trade Act of 1974. The Act requires the exclusion process to…
Mar 5th, 2019
India and Turkey to Be Terminated from GSP Program
The Trump Administration has announced that India, the largest beneficiary of trade benefits under the Generalized System of Preferences (GSP), will be terminated as a beneficiary of the program, along with Turkey. The termination should occur in a little over sixty (60) days. The President notified Congress of his determination…
Mar 27th, 2019
COURT OF INTERNATIONAL TRADE UPHOLDS CONSTITUTIONALITY OF SECTION 232 TARIFFS ON STEEL AND ALUMINUM PRODUCTS, BUT RELUCTANTLY
The United States Court of International Trade has rejected a Constitutional challenge to the “national security” tariffs imposed by the President on certain steel and aluminum products, pursuant to Section 232 of the Trade Expansion Act of 1962. In American Institute for International Steel, Inc. v. United States, Slip Op….
Apr 10th, 2019
LAWSUIT SETTLEMENT RESULTS IN RECORD SECTION 592 PENALTY
An importer of saccharin has agreed to pay a record $62 million to settle a lawsuit demanding civil penalties under Section 592 of the Tariff Act of 1930 [19 U.S.C. §1592]. Univar, Inc. was charged with evading antidumping duties by misrepresenting saccharin from China as being the product of Taiwan….
Apr 19th, 2019
NATIONAL ASSOCIATION OF MANUFACTURERS CHALLENGES FET DRAWBACK RESTRICTIONS
National Association of Manufacturers v. United States, Court No. 19-00053, filed in the UnitedStates Court of International Trade on April 18, 2019, is the much-anticipated challenges to recently-implemented Customs drawback regulations [19 C.F.R. Part 190] which seek to restrict drawback ofFederal excise taxes. CBP’s final regulations seek to restrict drawback…
May 6th, 2019
USTR To Establish Section 301 Exemption Process for “Third Tranche” of China Tariffs
United States Trade Representative Robert Lighthizer has indicated that his office will set up a process whereby interested parties may seek to exempt Chinese-origin products from the Third Tranche of retaliatory tariffs imposed against Chinese goods pursuant to Section 301 of the Trade Act of 1974. These tariffs, currently set…