Trade-Related Court Cases Filed May 3-9

May 13, 2021 by Jacob Kopnick|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of May 3-9.

Under the Weather Inc., challenging CBP's denial of its protest claiming that its backpacking tents of Harmonized Tariff Schedule subheading 6306.22.9030 (8.8%) should be classified instead under subheading 6306.22.1000 (free). #21-00211. Filed May 3.

Mirror Metals Inc., challenging CBP's denial of its protest claiming that its steel imports were granted Section 232 product exclusions and are entitled to a refund of the additional 25% duties paid. #21-00213. Filed May 4.

Keystone Automotive Operations, Inc., challenging CBP's denial of its protest claiming that its side protective attachments for vehicles of Harmonized Tariff Schedule subheading 8708.29.5060 are entitled to Section 301 exclusions under secondary subheading 9903.88.56. #21-00215. Filed May 4.

Hilti, Inc., challenging President Donald Trump's imposition of 25% Section 232 tariffs on steel and aluminum “derivatives” as made in violation of the Administrative Procedure Act. #21-00216. Filed May 5.

OCP S.A., challenging the Commerce Department's final determination in a countervailing duty investigation of phosphate fertilizers from Morocco. #21-00218. Filed May 6.

OCP S.A., challenging the International Trade Commission's final determination in a countervailing duty investigation that led to the imposition of duties on phosphate fertilizers from Morocco and Russia. #21-00219. May 6.

Industrial Group Phosphorite LLC, challenging the Commerce Department's final determination in the countervailing duty investigation that led to the imposition of duties on phosphate fertilizers from Russia. #21-00220. Filed May 6.

Phosagro PJSC, JSC APATIT, challenging Commerce's final determination in the countervailing duty investigation that led to the imposition of duties on phosphate fertilizers from Russia. #21-00221. Filed May 6.

Eurochem North America Corporation, challenging the International Trade Commission's final determination in the countervailing duty investigation that led to the imposition of duties on phosphate fertilizers from Russia and Morocco. #21-00222. Filed May 6.

Another six lawsuits were filed at the CIT during the week of May 3-9 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 the week of May 3-9:

Bosun Tools Co., Ltd., appealing a Feb. 24 CIT decision that sustained the second remand determination of the seventh administrative review for the antidumping duty order on diamond sawblades and parts thereof from China covering entries in 2015-16. #21-1929. Opened May 7.

Danyang NYCL Tools Manufacturing Co., Ltd., Danyang Weiwang Tools Manufacturing Co., Ltd., Guilin Tebon Superhard Material Co., Ltd., Hangzhou Deer King Industrial and Trading Co., Ltd., Jiangsu Youhe Tool Manufacturer Co., Ltd., Quanzhou Zhongzhi Diamond Tool Co., Ltd., Rizhao Hein Saw Co., Ltd. and Zhejiang Wanli Tools Group Co., Ltd., appealing a Feb. 24 CIT decision that sustained the second remand determination of the seventh administrative review for the antidumping duty order on diamond sawblades and parts thereof from China covering entries in 2015-16. #21-1930. Opened May 7.