Canada is choosing to call for a binational panel to determine whether the countervailing duty order on its softwood lumber exports is fair, but is challenging the antidumping order at the Court of International Trade.
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
The following lawsuits were filed at the Court of International Trade during the week of Aug. 21-27:
The Commerce Department is amending -- due to the ruling in a court case that challenged them -- the final results of the antidumping duty administrative review on uncoated paper from Brazil (A-351-842) that were used to set final assessments of AD duties on importers for subject merchandise entered March 1, 2018, through Feb. 28, 2019.
The Forced Labor Enforcement Task Force (FLETF) violated the Administrative Procedure Act by failing to provide any rationale for adding Chinese printer cartridge manufacturer Ninestar Corp., along with eight of its Zhuhai-based subsidiaries, to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, the companies, led by Ninestar, argued (Ninestar Corp., et al. v. U.S., CIT # 23-00182).
The following lawsuits were filed at the Court of International Trade during the week of Aug. 14-20:
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The Court of International Trade in an Aug. 17 opinion appeared to leave the door open for the government to collect additional duties in court cases filed by importers challenging denied protests. In the latest in a series of recently issued decisions finding the government can't file counterclaims in denied protest cases, Judge Gary Katzmann reclassified a government counterclaim as a defense, but said importer Second Nature Designs may be liable for more duties if that defense prevails.
The Court of International Trade on Aug. 16 denied a motion by importer Wanxiang America to dismiss a penalty case related to its alleged misclassification and failure to pay associated antidumping duties on tapered roller bearings.
The following lawsuits were filed at the Court of International Trade during the week of Aug. 7-13:
DHS Secretary Alejandro Mayorkas and Acting CBP Commissioner Troy Miller must respond to allegations of forced labor used in imported cocoa from Côte d’Ivoire by seven major chocolate companies, the International Rights Advocates (IRAdvocates) said in its Aug. 15 complaint at the Court of International Trade. The suit aims to force DHS and CBP to issue a decision in response to a 2020 petition filed by IRAdvocates along with Corporate Accountability Lab, and the University of California Irvine Law School's Human Rights Clinic (UCI) (International Rights Advocates v. Alejandro Mayorkas and Troy Miller, CIT # 23-00165).