Importer Wabtec told the Court of International Trade that a recent CIT decision calls into question the Commerce Department's practice of covering upstream components of goods actually imported or sold in the U.S. in antidumping cases. Filing a notice of supplemental authority on June 27, Wabtec said that while CIT Judge Timothy Stanceu didn't affirmatively resolve this question, his discussion is "highly relevant to the matter here" (Wabtec Corporation v. U.S., CIT #s 23-00160, -00161).
The Forced Labor Enforcement Task Force failed to undertake a transparent process in considering exporter Ninestar's application for delisting from the Uyghur Forced Labor Prevention Act Entity List, Ninestar told the Court of International Trade on June 26. Ninestar said FLETF's process was neither "fair, transparent," nor "productive," and led the task force to ignore its obligations and the company's rights under the Administrative Procedure Act (Ninestar Corp. v. United States, CIT # 23-00182).
The U.S. filed its opening brief on June 27 in the appeal on the legality of the tariffs imposed under the International Emergency Economic Powers Act before the U.S. Court of Appeals for the D.C. Circuit, arguing that the district court got the jurisdiction and merits questions wrong. The government said the U.S. District Court for the District of Columbia took a "nonsensical" view of the Court of International Trade's jurisdiction and that, contrary to the court's ruling, IEEPA does confer tariff-setting authority (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
The Court of International Trade on June 23 proposed amendments to various of its practice rules and forms following recommendations from the court's Advisory Committee on Rules.
Importer Briggs & Stratton on June 26 voluntarily dropped its lawsuit at the Court of International Trade, which was brought to contest CBP's assessment of excess duties, taxes and fees on its engine parts and components (see 2301250071). The importer argued that the duties were added due to clerical and technical errors. The case was previously dismissed for lack of prosecution, though the trade court re-added it to the court's docket after the company asked for relief (see 2502040015). Counsel for Briggs & Stratton didn't respond to a request for comment on the reason for dismissal (Briggs & Stratton Corp. v. United States, CIT # 23-00014).
Importer American Eel Depot filed a pair of complaints at the Court of International Trade on June 27 to contest CBP's classification of its frozen roasted eel under Harmonized Tariff Schedule subheading 1604.17.10 and secondary subheading 9903.88.03, subjecting the goods to Section 301 duties. The company argued that its goods aren't products of China but, in fact, have a country of origin of the U.S. (American Eel Depot v. United States, CIT # 21-00278, -00279).
The Supreme Court's recent decision to eliminate nationwide injunctions won't impact the Court of International Trade, attorneys told us. The trade court is a court of national jurisdiction and will keep the right to issue nationwide injunctions for issues within its jurisdiction, the attorneys said.
The Court of International Trade on June 26 heard oral argument in a suit from U.S. solar cell maker Auxin Solar and solar module designer Concept Clean Energy against the Biden administration's decision to pause antidumping and countervailing duties on solar cells and modules from four Southeast Asian countries. Judge Timothy Reif heard from DOJ, the plaintiffs and counsel for various solar cell importers and exporters on whether Auxin waited too long to file suit and the propriety of applying retroactive relief, given that the affected importers would be subject to massive antidumping and countervailing duties without a chance for review (Auxin Solar v. United States, CIT # 23-00274).
The U.K. announced June 26 that it will join the Multi-Party Interim Appeal Arbitration Arrangement (MPIA), which is an arbitral alternative to the World Trade Organization's defunct Appellate Body, according to the Department for Business and Trade. The U.K. said the move demonstrates the nation's "commitment to an effective rules-based international trading system."
Importer Cozy Comfort will appeal the Court of International Trade's recent ruling finding that The Comfy, a "wearable, oversized item covering the front and back with a hood, sleeves, ribbed cuffs, and a marsupial pocket," is a pullover and not a blanket (see 2506170063). After conducting a five-day bench trial in the case, CIT Judge Stephen Vaden held that, as a matter of fact, The Comfy doesn't protect against "extreme cold," and that, as a matter of law, the item fits under Harmonized Tariff Schedule heading 6110, which provides for "pullovers." The judge specifically said the item fits under subheading 6110.30.30, dutiable at 32%. The importer now will take the case to the U.S. Court of Appeals for the Federal Circuit (Cozy Comfort v. United States, CIT # 22-00173).