Trade-Related Court Cases Filed May 16-29

June 1, 2022 by Jacob Kopnick|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the weeks of May 16-22 and 23-29:

Sincol USA, Inc., challenging CBP's denial of its protest claiming that CBP improperly liquidated its pigments of Harmonized Tariff Schedule subheadings 3204.17.9055, 3204.17.9055 and 3212.90.0050 without preferential tariff treatment under the African Growth and Opportunity Act. #22-00153. Filed May 16.

Wheatland Tube, challenging the Commerce Department's final results in the administrative review of the antidumping duty order on circular welded non-alloy steel pipe from South Korea, covering entries in 2019-2020. #22-00160. Filed May 27.

Zipwall LLC, challenging CBP's denial of its protest claiming its plastic barrier kits and plastic parts for barrier kits qualify for exclusions to the Section 301 China tariffs. #22-00161. Filed May 27.

Another five lawsuits were filed at the CIT 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 weeks of May 16-22 and 23-29:

Magid Glove & Safety Manufacturing Co. LLC, challenging a March CIT opinion upholding CBP's tariff classification of plastic-dipped gloves. #22-1793. Opened May 16.

Root Sciences, LLC, challenging an October 2021 CIT decision dismissing Root's challenge to CBP's seizure of its imports as "drug paraphernalia," finding that the court did not have jurisdiction to hear seizure cases. #22-1795. Opened May 16.

The Government of Quebec, Marmen Inc., Marmen Energie Inc., Marmen Energy Co. and the Government of Canada, challenging a March CIT decision sustaining the Commerce Department's final determination in the countervailing duty investigation on utility scale wind towers from Canada. #22-1807. Opened May 17.

The United States, challenging a March CIT decision dismissing its case seeking to collect unpaid customs duties on passenger vehicle and light truck tire entries that defendant Katana Racing claims were the result of identity theft. #22-1832. Opened May 27.