Trade-Related Court Cases Filed March 20 - April 2

April 6, 2023 by Jacob Kopnick|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the weeks of March 20-26 and March 27 - April 2:

Belnick, LLC, challenging CBP's denial of its protest claiming its seats with a metal or wood frame qualify for exclusions from Section 301 tariffs. #23-00072. Filed March 30.

Lanxess Corp., challenging CBP's denial of its protest claiming its chemicals, catalysts "AXION CA 1330," are properly classified as "supported catalysts" under Harmonized Tariff Schedule subheading 3815.19.00, free of duty, rather than as "paints and varnishes" under subheading 3208.90.00, dutiable at 3.2%. #23-00073. Filed March 31.

Another two lawsuits were 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 weeks of March 20-26 and March 27 - April 2:

Shamrock Building Materials, Inc., challenging a March 13 CIT opinion upholding CBP's classification of the company's steel conduit tubing imports from Mexico as steel tubing and not insulated fittings. #23-1648. Opened March 23.

J.D. Irving, Ltd., challenging a January CIT decision dismissing its claims regarding the Commerce Department's cash deposit instructions to CBP for lack of jurisdiction under Section 1581(i). #23-1652. Opened March 23.

SeAH Steel Corp., challenging a February CIT decision denying a motion for reconsideration over the Commerce Department's final results in the administrative review of the antidumping duty order on oil country tubular goods from South Korea covering entries in 2016-17. #23-1657. Opened March 27.

Mid Continent Steel & Wire, Inc., challenging a February CIT decision granting a preliminary injunction against antidumping duty cash deposits in a case involving adverse facts available due to a missed filing deadline. #23-1661. Opened March 27.

SeAH Steel Corp., challenging a February CIT decision upholding Commerce's remand results in the antidumping duty investigation of welded line pipe from South Korea. #23-1663. Opened March 27.