Jacob Kopnick

Printed circuit board assembly importer Triumph Engine Control Systems moved to overturn the dismissal of four of its cases issued by the Court of International Trade in an Aug. 9 filing. Claiming that it clears the standard for reversing dismissals due to lack of prosecution set in the Supreme Court case Pioneer Inv. Services Co. v. Brunswick Associates Ltd. Partnership, the importer requested an extension of the time to remain on the Customs Case Management Calendar (Triumph Engine Control Systems, LLC v. U.S., CIT #19-00108, #19-00109, #19-00110, #19-00130).

The following lawsuits were recently filed at the Court of International Trade:

Commercial airline operator NetJets Aviation's request for leave to reassert Section 1581(i) jurisdiction in a customs challenge should jurisdiction under Section 1581(a) be unavailable should be denied, the Department of Justice said in Aug. 10 comments at the Court of International Trade. Further responding to its motion to partially dismiss NJA's case, DOJ said that the court lacks jurisdiction for the spat under Section 1581(i) and that NJA fails to even allege that this jurisdiction is available in its response (NetJets Aviation, Inc. v. U.S., CIT #21-00142).

The following lawsuits were recently filed at the Court of International Trade:

The U.S. government laid out two changes it made to the repository for entries subject to Section 301 duties in response to the plaintiffs' concerns, in an Aug. 9 joint status report filed at the Court of International Trade. Following the court's order of a preliminary injunction against liquidation of entries with Section 301 exposure pending resolution of litigation (see 2107060077), much haggling has been done between the parties over the terms of the injunction, prompting continued changes from the U.S. (see 2108020029).

The Commerce Department correctly relied on data from Xeneta XS over Maersk Line when calculating the respondent's surrogate ocean freight expenses in an antidumping duty review, the Court of International Trade said in an Aug. 10 opinion. Judge Claire Kelly sustained the remand results after twice remanding them, finding substantial evidence backing the second redetermination.

The U.S. District Court for the Southern District of Ohio denied, in part, and declared moot, in part, a Michigan-based car importer's challenge to two titling requirements imposed by the state of Ohio, in an Aug. 3 opinion. Judge Edmund Sargus found the challenge to a bond release letter requirement to be moot given the requirement was already lifted and that the claim against in-state inspection requirements fails since the regulation does not discriminate against out-of-state interests.

The Commerce Department must further explain its departure from the expected method in calculating the non-individually examined respondents rate in an antidumping review, the Court of International Trade said in an July 30 opinion made public on Aug. 6. Chief Judge Mark Barnett, issuing his third opinion in the case, partially remanded the case yet again, but did sustain Commerce's corroboration of the petition rate for mandatory respondent Unicatch based on individual transactions.

The Commerce Department's remand results in a countervailing duty investigation did not comply with the U.S. Court of Appeals for the Federal Circuit's opinion, plaintiff Nucor Corporation said in Aug. 6 comments filed in the Court of International Trade. The remand results "articulate but don't properly apply a standard that would comply with the statutory adequate remuneration standard," Nucor said, opposing Commerce's finding that the South Korean government did not provide a subsidy to producers of hot-rolled steel via cheap electricity (POSCO v. United States, CIT #17-00137).

The following lawsuits were recently filed at the Court of International Trade: