The Court of International Trade should not stay judgment of its decision rejecting Section 232 duties on steel and aluminum "derivatives" since plaintiffs in a separate but relevant case at the U.S. Court of Appeals for the Federal Circuit have a "significant probability" to succeed, a motion opposing the stay said. Plaintiffs Oman Fasteners and Huttig Building Products filed their opposition on Aug. 30 after the Justice Department sought the stay once the Federal Circuit issued its opinion in the Transpacific Steel LLC, et al. v. U.S. case, permitting the president to take Section 232 tariff actions beyond procedural deadlines (Oman Fasteners, LLC, et al. v. U.S., CIT Consol. #20-00037).
An extension of the time of service in a penalty action against the owner and director of importer Atria, Kevin Ho, should not be granted, counsel for Ho argued in an Aug. 25 reply brief at the Court of International Trade, also pushing for the case to be dismissed. The U.S. served Ho's counsel with the wrong summons and complaint and cannot prove excusable neglect in its service, Ho argued (United States v. Chu-Chiang "Kevin" Ho, et al., CIT #19-00038).
CBP made a final determination that Amlink Sourcing evaded antidumping and countervailing duties on lightweight thermal paper from China (A-570-920/C-570-921) by misdeclaring subject goods as not covered by any AD/CVD orders and, as a result, failing to pay cash deposits on the merchandise.
The Court of International Trade on Aug. 26 dismissed a steel importer's and purchaser's bid to reliquidate two entries subject to Section 232 steel and aluminum tariffs, saying the plaintiffs had already received the relief available to them from the Commerce Department in the form of a product exclusion but failed to preserve their ability to receive a refund by way of an extension of liquidation or a protest.
CBP's enforcement of forced labor-related withhold release orders is marred by due process violations, an unreasonable standard of evidence, absence of transparency and arbitrary decisions, the American Apparel and Footwear Association said in an Aug. 26 proposed amicus brief filed at the Court of International Trade. Seeking to file the brief in a challenge over CBP's exclusion of Virtus Nutrition's palm oil imports from entry to the U.S. over forced labor allegations, the association's brief more broadly criticizes CBP's forced labor policies (Virtus Nutrition, LLC v. United States, CIT #21-00165).
Steel importer Transpacific Steel, along with several Turkish steel makers, wants a full court rehearing at the U.S. Court of Appeals for the Federal Circuit of a panel decision to uphold President Donald Trump's Section 232 tariff hike on Turkish steel. In an Aug. 23 petition for panel rehearing and rehearing en banc, Transpacific argued that the panel's majority failed to impose the congressionally mandated limitations to the president's power in Section 232. Further, the majority improperly rejected the plaintiff appellees' equal protection claims, the petition said (Transpacific Steel LLC, et al. v. United States, Fed. Cir. #20-2157).
A group of companies requesting an anti-circumvention inquiry related to antidumping and countervailing duties on Chinese solar cells can’t keep their identities secret, an importer said in comments to the Commerce Department filed Aug. 24.
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A penalty action against the owner and director of importer Atria, Kevin Ho, should not be dismissed even though the U.S. served his counsel with the wrong summons and complaint, the Department of Justice said in an Aug. 17 reply brief. Rather, the court should grant the DOJ's motion to expand Ho's time of service, allow Ho to stipulate to his liability in line with his guilty plea in a related criminal case, grant DOJ's motion to consolidate the two actions against Ho and stay the consolidated matter until Ho serves his prison sentence, the brief said (United States v. Chu-Chiang "Kevin" Ho, et al., CIT #19-00038).
CBP cannot limit the amount of drawback that can be claimed on excise taxes, the U.S. Court of Appeals for the Federal Circuit said in an Aug. 23 opinion upholding the Court of International Trade's ruling. Holding that the CBP regulation defied the "clear intent of Congress," the appellate court ruled against the government appeal of CIT's decision, providing a win for the plaintiffs, the National Association of Manufacturers and The Beer Institute.