Trade-Related Court Cases Filed for Week of Nov. 17-23

November 25, 2014 by Brian Feito|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of Nov. 17-23:

Capella Sales & Services Ltd. challenging Commerce's decision to liquidate its entry of aluminum extrusions from China at the now-overturned 374.15% "all others" countervailing duty rate, rather than the 137.65% CV duty rate affirmed by CIT. #14-00304. Complaint failed Nov. 18.

DSM Nutritional Products challenging CBP's denial of its protests on the classification of a stabilized vitamin B derivative. CBP classified the merchandise under subheading 3824.90.28 (6.5%). DSM says it should have instead been classified under subheading 2936.23.00 (free). #14-00305. Summons filed Nov. 18.

DSM Nutritional Products challenging CBP's denial of its protests on the classification of carotenoids. CBP classified the merchandise under subheadings 2106.90.97 (8.5% + $0.288/kg) and 2106.90.99 (6.4%). DSM says it should have instead been classified under subheadings 3204.19.35 (3.1%), K3204.19.35 (free) or 2936.10.00 (free). #14-00306 and -307. Summons filed Nov. 18.

INVISTA S.a.r.L. challenging CBP ruling letter HQ H236917 on the eligibility for duty free treatment under CAFTA of certain hosiery containing non-originating elastomeric yarn. #14-00308. Summons filed Nov. 18.

Appeals of CIT Decisions

The following appeals of Court of International Trade decisions were filed at the U.S. Court of Appeals for the Federal Circuit during the week of Nov. 17-23:

Merle Richard Schmidt challenging the refusal of the clerk of the Court of International Trade to file his complaint over the "unlawful conversion and importing of property into the venue of the United States from the venue of the country Iowa." #15-115. Filed Nov. 20.