The U.S. Court of Appeals for the Federal Circuit on Oct. 1 granted dismissal of government's appeal contesting the erroneous deemed liquidation of its goods that were subject to suspended liquidation. The Court of International Trade had ruled Fraserview didn't need a protest to file its suit (see 2401250039). CIT said that because the statute for deemed liquidation requires that the entries not be suspended, CBP's notices of deemed liquidation didn't operate to actually liquidate the entries. The U.S. appealed the decision but dropped the matter in a joint stipulation filed in September (see 2409060005) (Fraserview Remanufacturing v. U.S., Fed. Cir. # 24-2049).
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
The U.S. Court of Appeals for the Federal Circuit on Sept. 30 issued its mandate in an antidumping duty case brought by importer PrimeSource Building Products and exporter Cheng Ch International Co. The court held in its decision that the Commerce Department's use of only adverse facts available rates to set the rate for the non-individually examined respondents in antidumping proceedings, known as the "expected method," isn't presumptively unreasonable (see 2408070020) (PrimeSource Building Products v. United States, Fed. Cir. # 22-2128).
The Court of International Trade on Sept. 30 granted a pair of voluntary dismissal motions from importer Travelway Group International on its two import classification cases. Both cases sought Section 301 exclusions for its backpack and bag entries of Harmonized Tariff Schedule subheadings 4202.92.3120 and 4202.92.3131. Counsel for Travelway didn't immediately respond to request for comment (Travelway Group International v. United States, CIT #s 22-00313, 23-00057).
The Court of International Trade on Sept. 27 granted exporter Zhejiang Jingli Bearing Technology Co.'s motion to sever and dismiss it from a lawsuit on the 2021-22 review of the antidumping duty order on tapered roller bearings from China. The suit will continue with plaintiffs Shanghai Tainai Bearing Co. and C&U Americas. The companies brought the case to allege that the Commerce Department unnecessarily applied partial adverse facts available and errantly conducted a pricing differential analysis (see 2403060080). Counsel for Zhejiang Jingli didn't immediately respond to a request for comment on the reason for its voluntary dismissal (Zhejiang Jingli Bearing Technology Co. v. U.S., CIT # 24-00038).
Exporter Eregli Demir ve Celik Fabrikalari (Erdemir) on Sept. 30 defended its bid to consolidate its three appeals at the U.S. Court of Appeals for the Federal Circuit regarding the sunset review of the antidumping duty order on hot-rolled steel flat products from Turkey. Erdemir said all three cases are "intertwined" since they are "based on the same triggering act" (Eregli Demir ve Celik Fabrikalari v. United States, Fed. Cir. # 24-2242).
Importer 3BTech asked the Court of International Trade to award it attorney's fees in a tariff classification case associated with the company's efforts in resolving the issue of the government's untimely submission of expert declarations. 3BTech said the U.S. willfully violated its disclosure obligations and "blindsided both" the company and the court by not telling either about its plans to work on the declarations when it requested an extension to file its cross-motion for judgment (3BTech v. United States, CIT # 21-00026).
Covington announced last week that it opened a trade controls enforcement practice group to represent clients in sanctions and export controls investigations. The practice group combines the firm's trade controls regulatory practice and its white collar defense and investigations practice and will house teams in China, the EU, the U.K. and the U.S. Eric Sandberg-Zakian, a sanctions and export controls partner based in Washington, D.C., will head the practice group, Covington said.
Shipping companies Prive Overseas Marine and Prive Shipping Denizcilik Ticaret were sentenced last week to pay a $2 million criminal penalty after pleading guilty to dumping oil-contaminated waste into the ocean, DOJ announced. The companies operated the P/S Dream, the vessel from which the waste was released, and will both also undergo a four-year probationary period.
The following lawsuit was recently filed at the Court of International Trade:
Ljiljana Karadzic asked the U.S. District Court for the District of Columbia to set aside its order dismissing her suit challenging her designation on the Office of Foreign Assets Control's Specially Designated Nationals List (see 2408070040). Karadzic claimed the D.C. court failed to address her claim that OFAC made an "unreasonable" decision in "declining to remove her from the list" (Ljiljana Zelen Karadzic v. Lisa Palluconi, D.D.C. # 23-01226).