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Trade-Related Court Cases Filed for Week of Nov. 7-13

November 17, 2016 by Brian Feito|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of Nov. 7-13:

Jinxiang Huameng Imp & Exp, Co., Ltd., challenging the Commerce Department's decision to end an antidumping duty new shipper review on fresh garlic from China without giving Jinxiang Huameng its own rate. #16-00243. Filed Nov. 8.

Mid Continent Steel & Wire, Inc, challenging the final results of Commerce's antidumping duty administrative review on steel nails from the United Arab Emirates covering entries in 2014 and 2015. #16-00244. Filed Nov. 9.

Huzhou Muyun Wood Co., Ltd., challenging the Commerce Department's decision to end an antidumping duty new shipper review on multilayered wood flooring from China without giving Huzhou Muyun its own rate. #16-00245. Filed Nov. 10.

Aisin Holdings of America, on the classification of power back door actuator assemblies. CBP classified the merchandise under subheading 8501.31.4000 (4%). Aisin says it should have instead been classified under subheading 8431.39.0080 (free). #16-00246. Filed Nov. 11.

​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. 7-13:

Pleasure-Way Industries, appealing an Oct. 18 CIT decision that held Cargo vans exported to Canada and retrofitted as motorhomes before being imported into the U.S. do not qualify for duty-free treatment as goods returned after alteration or repair because the retrofitting was so extensive that the motorhome it imported was not the same article as the exported cargo van (see 1610180059). #17-1190. Filed Nov. 9.

Capella Sales & Service, appealing a Sept. 14 CIT decision that Commerce properly assessed AD duties at the 374.15% "all others" rate in effect at time of entry, even though the "all others" rate was subsequently lowered to 7.37% in litigation, because Capella did not participate in the court case that lowered the rate, or in any administrative review that could have resulted in a different assessment. #17-1196. Nov. 10.