The Court of International Trade on June 10 signaled that CBP's practice of not notifying companies when they become subject to interim Enforce and Protect Act investigations could give rise to a due process claim should the company sufficiently allege that it suffered "specific enough harm." However, the court found that importer Phoenix Metal failed to allege that harm with enough specificity.
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
The following lawsuit was recently filed at the Court of International Trade:
Customs broker Seko Logistics asked the Court of International Trade on June 7 for expedited briefing in its suit against CBP's suspension of the company from Type 86 filing and the Customs-Trade Partnership Against Terrorism. Seko said greater delay in the case "deprives the requested relief of much of its value" and sets "extraordinary hardship" on the broker (Seko Customs Brokerage v. U.S., CIT # 24-00097).
Honeywell International on June 7 moved to unseal various pleadings in its customs case on the classification of chordal, radial and web brake segments used in aircraft wheel and brake assemblies. The importer moved to unseal its motion for summary judgment and five of seven exhibits accompanying the motion. Honeywell said the government consented to the motion (Honeywell International v. United States, CIT # 17-00256).
The following lawsuits were recently filed at the Court of International Trade:
The World Trade Organization on June 7 said it upgraded its "e-GPA Gateway," its online platform on trade and government procurement, to provide "more user-friendly access to information" related to parties to the Agreement on Government Procurement 2012. The platform now includes a "tool to browse each party's market access commitments," reporting tools on the "thresholds set by each GPA party above which public contracts can be granted," an advanced search engine allowing searches of specific parties and products, a tool to search for "modifications of coverage," and greater access to data on current procurement opportunities.
Exporters Jinko Solar Holding Co. and Boviet Solar Technology Co., along with various of their subsidiaries and affiliated importers, moved to intervene in a case at the Court of International Trade against the Commerce Department's pause of antidumping and countervailing duties on Southeast Asian solar panels (Auxin Solar v. United States, CIT # 23-00274).
In the challenge to the law that would shut down TikTok in the U.S. or force parent ByteDance to sell the social media giant, TikTok and ByteDance submitted a statement of issues June 6 to the U.S. Court of Appeals for the D.C. Circuit (TikTok v. Merrick Garland, D.C. Cir. # 24-1113).
The U.S. Court of Appeals for the Federal Circuit in a June 7 order affirmed the Court of International Trade's decision to sustain the Commerce Department's use of antidumping duty respondent Z.A. Sea Food's (ZASF's) Vietnamese sales to calculate normal value in an AD review on Indian frozen warmwater shrimp. The unanimous order from Judges Alan Lourie, Raymond Clevenger and Todd Hughes was issued without an accompanying opinion.
The Commerce Department on June 7 lowered the dumping margin for nine separate rate respondents in the 2016-17 review of the antidumping duty order on multilayered wood flooring from China, from 42.57% to 31.63%, after revising aspects of its dumping analysis (Fusong Jinlong Wooden Group Co. v. United States, CIT # 19-00144).