Taiwanese manufacturer Innolux Corporation launched its case against CBP's classification of the company's shipments of Hewlett-Packard 25-inch monitors, in an Oct. 15 complaint at the Court of International Trade. The case was originally filed in 2013 but placed on the reserve calendar, with counsel for Innolux filing for extensions of time to remain on the reserve calendar beginning in December 2014 (Innolux Corporation v. United States, CIT #13-00272).
The Court of International Trade granted a preliminary injunction against the liquidation of Chinese exporter Dalian Meisen Woodworking Co.'s wood cabinet and vanity entries, in an Oct. 18 order. Although Meisen filed for the PI after the 30-day period to move for an injunction, the court accepted its PI bid since the exporter showed good cause as to why the delay was necessary (Dalian Meisen Woodworking Co., Ltd. v. U.S., CIT #20-00110).
The Commerce Department fixed an error in its liquidation instructions related to an antidumping duty review in its Oct. 15 remand results at the Court of International Trade. The remand was voluntarily requested by Commerce after it identified the error in the liquidation restrictions (Optima Steel International, LLC, et al. v. U.S., CIT #21-00327).
The Court of International Trade should grant the Commerce Department's voluntary request for a remand in an antidumping case, so the agency can review whether it was appropriate to rely on supplemental questionnaire responses, seeing as it couldn't conduct an on-site verification, Commerce argued in an Oct. 18 brief (Ellwood City Forge Company, et al. v. United States, CIT #21-00007).
The following lawsuits were recently filed at the Court of International Trade:
Electric scooters, known has hoverboards, were assessed duties under the wrong Harmonized Tariff Schedule subheading upon entry into the U.S., importer 3BTech said in an Oct. 15 complaint at the Court of International Trade. Kicking off litigation in its customs battle, 3BTech argued that even if CBP's HTS subheading of choice is correct, the products were granted Section 301 China tariff exclusions (3BTech, Inc. v. United States, CIT #20-00159).
The Court of International Trade granted in part, and denied in part, the Department of Justice's motion to extend the discovery period in a customs classification dispute, in an Oct. 14 order. Ordering the parties to consult on potentially extending the discovery period to allow the U.S. to depose an expert witness at a time convenient to both parties, Judge Timothy Stanceu struck a compromise between DOJ's desire to take the deposition and the plaintiffs' claims that an extended discovery period would prejudice it.
The Court of International Trade granted the Department of Justice's motion to stay a case challenging the expansion of Section 232 duties on steel and aluminum “derivatives,” in an Oct. 14 order, due in part to the defendant's likelihood of succeeding on appeal. Finding that a recent U.S. Court of Appeals for the Federal Circuit opinion indicates DOJ's chances of success at the appellate court, CIT also stayed any resulting liquidation but noted that the fact pattern in the present case reads differently from that of the recent Federal Circuit case.
The Commerce Department switched to finding the all-others rate in an antidumping duty review using a weighted average of the respondents' rates rather than a simple average, in Oct. 13 remand results at the Court of International Trade. Still defending its use of the simple average in other hypothetical circumstances, Commerce nevertheless made the switch to weighted average, using CBP entry data for one of the respondents (Pro-Team Coil Nail Enterprise, Inc., et al. v. United States, CIT Consol. #18-00027).
The International Trade Commission granted four Curtis Mallet-Prevost lawyers access to a safeguard proceeding on behalf of LG Electronics, potentially ending a dispute at the Court of International Trade over denied access (see 2110130037) (LG Electronics USA, Inc., et al. v. United States, CIT 21-00520). The ITC's one-page letter does not address larger issues in the case, such as the commission's power to deny access at all