Trade-Related Court Cases Filed March 22-28

March 30, 2021 by Jacob Kopnick|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of March 22-28:

Fujifilm Manufacturing USA, Inc., challenging CBP's denial of its protest claiming that its lift chair components should be classified under Harmonized Tariff Schedule subheading 3701.30.00 or qualify for Section 232 exclusions granted to Fujifilm under subheadings 7606.91.30 or 7607.11.60. #21-00121. Filed March 22.

Danfoss LLC, challenging CBP's denial of its protest claiming that its scroll-type/scroll compressors, compressor, variable frequency drive controllers, heat exchangers and static converter covers, bases and housings, qualify for Section 301 exclusions under secondary subheadings 9903.88.14, 9903.88.11, 9903.88.10, 9903.88.14 and 9903.88.11, respectively. #21-00122, #21-00124-128. Filed March 22.

Root Sciences, LLC, challenging CBP's denial of its protest claiming that its cryo-ethanol extraction system should not be barred from entry to the U.S. on suspicion of it is drug paraphernalia. #21-00123. Filed March 22.

Ad Hoc Shrimp Trade Enforcement Committee, challenging portions of CBP's Enforce and Protect Act determination that Minh Phu Group is evading antidumping duties on frozen warmwater shrimp from India. #21-00129. Filed March 23.

Carbon Activated Tianjin Co. Ltd., Carbon Activated Corporation, Datong Juqiang Activated Carbon Co. Ltd., Shanxi Industry Technology Trading Co. Ltd., Datong Municipal Yunguang Activated Carbon Co. Ltd. and Beijing Pacific Activated Carbon Products Co. Ltd., challenging the Commerce Department's final results of the antidumping administrative review on certain activated carbon from China covering entries from 2018-19. #21-00131. Filed March 23.

Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Mannesmann Pipe U.S. Inc., challenging Commerce's final results of the antidumping administrative review on standard pipe from Turkey covering entries from 2018-2019. #21-00132. Filed March 24.

Jiangsu Zhongji Lamination Materials Co. Ltd., Jiangsu Zhongji Lamination Materials Co. (HK) Ltd., Shantou Wanshun Package Material Stock Co. Ltd., Jiangsu Huafeng Aluminium Industry Co. Td. and Anhui Maximum Aluminium Industries Company Limited, challenging Commerce's final results of the countervailing administrative review on certain aluminum foil from China covering entries from 2017-18. #21-00133. Filed March 24.

Mac Sports, Inc., challenging CBP's denial of its protest claiming that its various carts classified under HTS subheading 8716.80.5090 qualify for Section 301 exclusions under secondary subheading 9903.88.13. #21-00134. Filed March 24.

Leco Supply, Inc., appealing CBP's Enforce and Protect Act determination that it evaded AD duties on steel wire hangers from Vietnam. #21-00136. Filed March 25.

Jiangsu Zhongji Lamination Materials Co. (HK) Ltd., Jiangsu Zhongji Lamination Materials Stock Co. Ltd., Jiangsu Zhongji Lamianation Materials Co. Ltd. and Jiangsu Huafeng Aluminium Industry Co. Ltd., challenging Commerce's final results of the antidumping administrative review of certain aluminum foil from China covering entries from 2017-19. #21-00138. Filed March 26.

Noksel Celik Boru Sanayi A.S., challenging Commerce's final results of the antidumping administrative review of light-walled rectangular pipe and tube from Turkey covering entries from 2018-19. #21-00140. Filed March 26.

CSJB Holdings, Inc., challenging CBP's denial of its protest claiming that its forklift parts and pump parts of HTS subheading 8431.20.0000 and 8413.91.9095 qualify for Section 301 exclusions under secondary subheadings 9903.88.07 and 9903.88.11, respectively. #21-00141 and #21-00143. Filed March 26.

NetJets Aviation, Inc., challenging CBP's denial of its protest claiming that certain flights should be exempt from Customs User Fees. #21-00142. Filed March 26.

Another five lawsuits were filed at the CIT during the week of March 22-28 to challenge lists 3 and 4A Section 301 tariffs on products from China (see 2009220029). For a full list, see the Pacer database.

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 March 22-28:

Prime Time Commerce LLC, appealing a Jan. 19 CIT decision that sustained the final results of the antidumping duty administrative review on certain cased pencils from China covering entries from 2015-2016. #21-1783. Opened March 26.