Trade-Related Court Cases Filed July 26 - Aug. 1

August 3, 2021 by Jacob Kopnick|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of July 26 - Aug. 1:

Thatcher Company, Inc., challenging CBP's denial of its protest claiming its citric acid anhydrous from India is eligible for duty-free treatment under the Generalized System of Preferences and is not subject to antidumping and countervailing duties on citric acid from China. #21-00357. Filed July 27.

United States, challenging Crown Cork & Seal Co., Inc. and Crown Cork & Seal, USA, Inc.'s allegedly fraudulent classification of its metal lids of Harmonized Tariff Schedule subheading 8309.90.0000. #21-00361. Filed July 28.

Transpacific Steel LLC, challenging the Commerce Department's denial of its exclusion requests from Section 232 steel and aluminum tariffs. #21-00362. Filed July 28.

Bosch Rexroth Corporation, challenging CBP's denial of its protest claiming that its hydraulic powered swing, winch and travel drives of Harmonized Tariff Schedule 8412.29.8045 qualify for Section 301 tariffs under secondary subheading 9903.88.14. #21-00367. Filed July 30.

Another 14 lawsuits were filed at the CIT during the week of July 26 - Aug. 1 to challenge lists 3 and 4A Section 301 tariffs on products from China (see 2009220029). For a full list, see the Pacer database.

Appeals of CIT Decisions

The following appeals of Court of International Trade decisions were filed at the U.S. Court of Appeals for the Federal Circuit during the week of July 26 - Aug. 1:

Wheatland Tube, appealing a June 16 CIT decision sustaining the Commerce Department's remand results in an antidumping administrative review of circular welded carbon steel standard pipe and tube products from Turkey in which the agency dropped a particular market situation adjustment to the sales-below-cost test. #21-2170. Opened July 26.

United States Steel Corporation, appealing a May 25 CIT decision denying its right to intervene in multiple cases over Section 232 tariff exclusion request denials. #21-2172. Opened July 26.

ARP Materials, Inc., appealing a June 11 CIT decision dismissing a challenge to a denied Section 301 exclusion request for lack of subject matter jurisdiction. The court ruled that an importer must file a protest with CBP to obtain refunds under Section 301 exclusions. #21-2176. Opened July 28.

The Harrison Steel Castings Company, appealing a June 11 CIT decision dismissing a challenge to a denied Section 301 exclusion request for lack of subject matter jurisdiction. The court ruled that an importer must file a protest with CBP to obtain refunds under Section 301 exclusions. #21-2177. Opened July 28.

United States Steel Corporation, appealing a May 25 CIT decision denying its motion to intervene in challenges to Section 232 steel and aluminum tariff exclusion denials. #21-2180, -2181 and -2182. Filed July 30.

Electralloy/G.O. Carlson, appealing a May 25 CIT decision denying its motion to intervene in challenges to Section 232 steel and aluminum tariff exclusion denials. #21-2183. Filed July 30.

Electralloy/G.O. Carlson, Crucible Industries LLC, Ellwood City Forge Company, and Ellwood Specialty Steel, appealing a May 25 CIT decision denying their motion to intervene in challenges to Section 232 steel and aluminum tariff exclusion denials. #21-2185. Filed July 30.