The Continued Dumping and Subsidy Offset Act of 2000 doesn't require payouts of interest assessed after liquidation, known as delinquency interest, to affected domestic producers, the U.S. Court of Appeals for the Federal Circuit said July 15. Judges Alan Lourie, Kara Stoll and Tiffany Cunningham said that the statute only provides for interest that's "earned on" antidumping and countervailing duties and "assessed under" the associated AD or CVD order.
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.
Customs broker Seko Customs Brokerage continued its bid for a temporary restraining order and preliminary injunction against CBP's move to temporarily suspend Seko from the Entry Type 86 pilot and the Customs-Trade Partnership Against Terrorism program, filing a brief in support of the motions at the Court of International Trade on July 10 (Seko Customs Brokerage v. United States, CIT # 24-00097).
The U.S. is seeking over $1.1 million in unpaid antidumping and countervailing duties plus a $2 million civil penalty against importer Forest Group USA and its alleged successor company, Drapery Hardware USA, the government said in a customs penalty suit filed July 10 (U.S. v. Forest Group USA, CIT # 24-00117).
CBP has released its July 10 Customs Bulletin (Vol. 58, No. 27). It contains a final rule adopting amendments to CBP regulations related to the import of merchandise that violates or is suspected of violating copyright laws, including the Digital Millennium Copyright Act (see 2407010029). It also contains a notice of revocation of one ruling letter and a revocation of treatment relating to the tariff classification of an automotive clutch tube that will be effective for merchandise entered or withdrawn from warehouse or consumption on or after Aug. 9.
CBP ignored the metadata of certain photographs and videos in an evasion investigation in order to claim they were unreliable, a wooden cabinet importer argued July 8 at the Court of International Trade (Skyview Cabinet USA v. U.S., CIT # 22-00080).
The Court of International Trade sustained CBP's finding that Dominican exporter Kingtom Aluminio didn't evade antidumping and countervailing duty orders on aluminum extrusions from China. In a June 13 decision made public July 8, Judge Richard Eaton said Kingtom responded to all U.S. requests for information during an Enforce and Protect Act investigation, precluding the use of adverse facts available. He also said the court can't ignore "the total lack of any record evidence of any imports by Kingtom into the Dominican Republic" of aluminum extrusions made in China.
The following lawsuits were filed at the Court of International Trade during the week of July 1-7:
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The following lawsuits were filed at the Court of International Trade during the weeks of June 10-16, 17-23 and 24-30:
The U.S. Supreme Court on June 28 overturned a hallmark of administrative law that had stood for four decades: the principle, established in Chevron v. Natural Resources Defense Council, of deferring to federal agencies' interpretation of ambiguous statutes.