After its bid for a preliminary injunction was denied by Court of International Trade Judge Claire Kelly (see 2407260045), a customs broker fought Aug. 5 against a motion to dismiss its case, saying its complaint was ripe for litigation because CBP had already made the decision to deny its reinstatement to the agency's Entry Type 86 pilot (Seko Customs Brokerage v. United States, CIT # 24-00097).
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
The following lawsuits were filed at the Court of International Trade during the week of July 22-28:
The Court of International Trade on July 30 stayed Chinese printer cartridge exporter Ninestar Corp.'s lawsuit challenging its placement on the Uyghur Forced Labor Prevention Act Entity List for four months or until the Forced Labor Enforcement Task Force issues a final decision in the exporter's delisting request before the task force (Ninestar Corp. v. U.S., CIT # 23-00182).
The Court of International Trade denied Seko Customs Brokerage's bids for a temporary restraining order and preliminary injunction against its temporary suspension from the Entry Type 86 Test and Customs-Trade Partnership Against Terrorism programs. Judge Claire Kelly found Seko already received all the relief it sought when it was conditionally reinstated into the programs and told why it was originally suspended.
The following lawsuits were filed at the Court of International Trade during the weeks of July 8-14 and 15-21:
The Court of International Trade on July 23 said CBP didn't have the authority to extend an order from the court enjoining liquidation of various entries to imports entered by Acquisition 362, doing business as Strategic Import Supply. Judge Mark Barnett dismissed the case for lack of subject-matter jurisdiction, finding that because Acquisition 362 wasn't a party to a separate case challenging the antidumping duty rate assessed on the company's goods, it wasn't subject to the court's order suspending liquidation of various tire entries.
CBP refused to explain why it denied a vehicle parts importer's protest after the agency liquidated its entry at a rate 78.55 percentage points higher than it had been assigned in a past antidumping duty review, the importer said in a July 23 complaint at the Court of International Trade (Strategic Import Supply v. U.S., CIT # 24-00124).
Importers Yellow Bird and Vantage Point filed a complaint at the Court of International Trade July 18 arguing that a 1955 Jaguar race car, driven in competitions by multiple Australian racing drivers, is a collector's item, not a used motor vehicle (Yellowbird Enterprises v. U.S., CIT # 24-00121).
The Court of International Trade on July 18 sent back the Commerce Department's decision to include importer Elysium Tile's composite tile within the scope of the antidumping and countervailing duty orders on ceramic tile from China. Judge Jane Restani said the "complexity of Elysium's processes" shows that the company's tile underwent more than "minor processing," which would have kept the goods in the orders' scope.
The Court of International Trade in a confidential July 15 order denied customs broker Seko Customs Brokerage's application for a temporary restraining order and preliminary injunction against CBP's temporary suspension of the company from the Entry Type 86 pilot and the Customs-Trade Partnership Against Terrorism program. Judge Claire Kelly said she intends to issue a public version of the opinion "on or shortly after" July 23, giving the litigants until July 22 to review the confidential information in the decision (Seko Customs Brokerage v. U.S., CIT # 24-00097).