Trade-Related Court Cases Filed May 8-14

May 17, 2023 by Jacob Kopnick|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of May 8-14:

International Greenhouse Produce, S.A. de C.V., challenging the Commerce Department's final results in the second administrative review of the 2019 agreement suspending the antidumping investigation on fresh tomatoes from Mexico. #23-00093. Filed May 8.

Perfiles LM, S.A. de C.V., challenging Commerce's final results in the administrative review of the antidumping duty order on light-walled rectangular pipe and tube from Mexico, covering entries in 2020-21. #23-00094. Filed May 8.

Asia Wheel Co., Ltd., TRAILSTAR LLC, Lionshead Specialty Tire and Wheel LLC, and TexTrail, Inc., challenging the Commerce Department's final scope ruling finding trailer wheels made by Asia Wheel Co. in Thailand fall within the scope of the antidumping and countervailing duty orders on steel wheels 12 to 16.5 inches in diameter from China. #23-00096, -00097, -00098, -00099. Filed May 9 and May 10.

Nucor Corporation, challenging the Commerce Department's final results in the administrative review of the countervailing duty order on cold-rolled steel flat products from South Korea, covering entries in 2020. #23-00100. Filed May 11.

Human Touch LLC, challenging CBP's denial of its protest claiming its massage chairs and massage chair parts liquidated under Harmonized Tariff Schedule subheadings 9401.71.0011, 9401.69.6011, 9401.90.5081 and 9401.90.5021 should be classified under subheadings 9019.10.2045 and 9019.10.2090. #23-00101. Filed May 11.

Association of American School Paper Suppliers, challenging Commerce's final results in the administrative review of the antidumping duty order on lined paper products from India, covering entries in 2020-21. #23-00102. Filed May 12.

Shah Brothers, Inc., challenging CBP's denial of its protest claiming its pan masala nuts of Harmonized Tariff Schedule subheading 2106.90.9998, dutiable at 6.4%, should be classified under subheading 0802.80.2000, dutiable at 5¢/kg. #23-00104. Filed May 12.

Another lawsuit was 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 week of May 8-14:

Marmen Inc., Marmen Energie Inc. and Marmen Energy Co., appealing a March CIT decision upholding the Commerce Department's remand results in the 2018-19 administrative review of the antidumping duty order on utility scale wind towers from Canada. #23-1877. Opened May 11.