Jacob Kopnick

Importer Performance Additives will appeal a May Court of International Trade decision finding that a duty drawback claim becomes deemed liquidated after one year if the underlying import entries are also liquidated and final, with finality defined as the end of the 180-day window in which to file a protest with CBP (see 2405310073). Judge Jane Restani said that as a result one of Performance Additives' drawback claims was deemed liquidated but another of its claims wasn't, since its entries weren't liquidated and final within one year of the claim being made. The importer will take the case to the U.S. Court of Appeals for the Federal Circuit (Performance Additives v. United States, CIT # 22-00044).

The Solar Energy Industries Association told the U.S. Court of Appeals for the Federal Circuit that the Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo scrapping the doctrine of Chevron deference to federal agencies should compel the appellate court to overturn the deferential standard established in Maple Leaf Fish Co. v. United States (see 2406280051) (Solar Energy Industries Association v. United States, Fed. Cir. # 22-1392).

The U.S. Court of Appeals for the District of Columbia Circuit on July 5 rejected an order by the Federal Maritime Commission that said ocean carrier Evergreen Shipping Agency (America) Corp.'s detention charges collected from trucking company TCW were "unjust and unreasonable." FMC failed to meaningfully respond to Evergreen's arguments, the court said, and the responses the commission did offer were "implausible" (Evergreen Shipping Agency (America) Corp. v. Federal Maritime Commission, D.C. Cir. # 23-1052).

The U.S. District Court for the District of Columbia on July 9 dismissed the remaining claims U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman brought against three of her colleagues for their investigation into her fitness to continue serving on the bench (Hon. Pauline Newman v. Hon. Kimberly Moore, D.D.C. # 23-01334).

The U.S. told the U.S. Court of Appeals for the Federal Circuit July 8 that its decision not to appear in an antidumping and countervailing duty scope case "has no effect on the Court's standard of review." Filing a supplemental brief as an amicus at the invitation of the court, the government said its decision not to join the appeal "merely reflects its reasoned consideration not to pursue the appellate process" (Worldwide Door Components v. U.S., Fed. Cir. # 23-1532) (Columbia Aluminum Products v. U.S., Fed. Cir. # 23-1534).

Antidumping petitioner American Line Pipe Producers Association Trade Committee on July 8 dropped its lawsuit at the Court of International Trade on the 2021-22 administrative review of the antidumping duty order on large diameter welded pipe from Greece. The petitioner brought its suit to claim that the Commerce Department accidentally included offsets for scrap not produced during the investigation period in its calculation of an exporter's normal value (see 2402200076). Counsel for the petitioner didn't immediately respond to a request for comment (American Line Pipe Producers Association Trade Committee v. U.S., CIT # 24-00012).

The U.S. Court of Appeals for the Federal Circuit said that it will "proceed as scheduled" amid "extensive street closures and traffic restrictions near the National Courts Building" the week of July 8. Access to the courthouse will be available from only H Street NW, the court said, encouraging counsel to budget additional travel time. Numerous Washington streets are seeing closures and/or restrictions this week due to the NATO Summit in the city.

The U.S. and exporters led by Risen Energy Co. agreed July 8 to dismiss a case on the 2017 review of the countervailing duty order on solar cells from China (Risen Energy Co. v. U.S., Fed. Cir. # 24-1524). The government appealed the Court of International Trade decision siding with Risen on the agency's land benchmark calculation and use of adverse facts available pertaining to China's Export Buyer's Credit Program (see 2312200026) (Risen Energy Co. v. U.S., CIT Consol. # 20-03912).

DOJ reached a settlement in a civil forfeiture case against a Los Angeles mansion belonging to a former Armenian government official's family. The mansion will be forfeited to the U.S., which will then sell the property, retaining 85% of the proceeds. The remaining funds will be sent to the sons of the former official, Gagik Khachatryan, and a corporation that the sons own. The forfeiture is part of the resolution of a foreign corruption scheme prosecuted by DOJ.

No lawsuits were recently filed at the Court of International Trade.