Trade-Related Court Cases Filed Jan. 23-29

January 31, 2023 by Jacob Kopnick|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of Jan. 23-29:

Zhejiang Amerisun Technology Co., Ltd., challenging the Commerce Department's scope ruling on modified vertical shaft engines under the antidumping and countervailing duty orders on vertical shaft engines between 99cc and up to 255cc and parts thereof from China. #23-00011. Filed Jan. 23.

Evraz Inc. NA and Evraz Inc. NA Canada, challenging the Commerce Department's final results in the administrative review of the antidumping duty order on large diameter welded pipe from Canada, covering entries in 2020-21. #23-00012. Filed Jan. 23.

Briggs & Stratton Corporation, challenging CBP's denial of its protest claiming its engine parts and components were charged excess duties, taxes and fees as a result of clerical and technical errors. #23-00014. Filed Jan. 24.

GoPro, Inc., challenging CBP's denial of its protest claiming its camera housings of Harmonized Tariff Schedule subheading 4202.99.9000, dutiable at 20%, should be classified under subheading 8529.90.86, free of duty, or 3926.90.99, dutiable at 5.3%. #23-00015. Filed Jan. 24.

Pro-Com Products Inc., challenging CBP's denial of its protest claiming its self-balancing electric scooters of Harmonized Tariff Schedule subheading 8711.60.0090 and secondary subheading 9903.88.02 should be excluded from Section 301 China tariffs under secondary subheading 9903.88.59. #23-00016. Filed Jan. 25.

Nutricia North America, Inc., challenging CBP's denial of its protest claiming its gastrointestinal, metabolic, metabolic PKU and neurology products classified under Harmonized Tariff Schedule subheading 2106.90.9989, dutiable at 6.4%, should be classified under subheadings 3004.50.5040, 3004.90.9140 or 9817.00.96, free of duty. #23-00017. Field Jan. 28.

Another lawsuit was filed at the CIT 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 Jan. 23-29:

Dongkuk S&C Co., Ltd., challenging a November 2022 Court of International Trade decision upholding Commerce's surrogate data selection and decision as to steel plate cost smoothing in the antidumping duty investigation on utility scale wind towers from South Korea. #23-1419. Opened Jan. 23.