Trade-Related Court Cases Filed July 24-30

August 1, 2023 by Jacob Kopnick|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of July 24-30:

Shelter Forest International Acquisition Inc., challenging the Commerce Department's final scope determination and affirmative determination of circumvention of the antidumping and countervailing duty orders on hardwood plywood products from China covering shipments from Vietnam. #23-00144. Dated July 25.

Blockware Solutions LLC, challenging CBP's denial of its protest claiming its bitcoin miners of Harmonized Tariff Schedule subheading 8543.70.9860, dutiable at 2.6%, and secondary subheading 9903.88.02, should not be hit with Section 301 duties since the country of origin is Thailand and not China. #23-00145. Filed July 25.

MPS Industries, Inc., challenging CBP's denial of its protest claiming its unrated push pull transformers of Harmonized Tariff Schedule subheading 8504.31.4065, dutiable at 6.6%, should be classified under subheading 8504.31.2000, free of duty. #23-00146. Filed July 25.

ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, PTC Alliance Corp., Webco Industries, Inc. and Zekelman Industries, Inc., challenging the Commerce Department's final results of the second administrative review of the antidumping duty order on cold-drawn mechanical tubing of carbon and alloy steel from India, covering entries in 2019-20. #23-00147. Filed July 26.

Elemental LED Inc., challenging CBP's denial of its protest claiming its LED tape lights of Harmonized Tariff Schedule subheading 9405.40.8440, dutiable at 3.9%, and secondary subheading 9903.88.03, subject to 25% duties, should be classified under subheading 8539.50.0090, dutiable at 2%, or at the original 9405.40.8440 subheading but with a Section 301 exclusion. #23-00148. Filed July 27.

Marubeni-Itochu Steel America Inc., challenging CBP's denial of its protest claiming its sheet piles of Harmonized Tariff Schedule subheading 7301.10.0000, free of duty but with 25% Section 232 duties, should be classified under subheading 7308.90.9590, free of duty but without the Section 232 duties. #23-00149. Filed July 28.

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 July 24-30:

Guizhou Tyre Co., Ltd. and Guizhou Tyre Import and Export Co., Ltd., challenging a May CIT decision upholding the Commerce Department's decision to deny separate rate status to Guizhou as part of the seventh administrative review of the antidumping duty order on off-road tires from China. #23-2163. Opened July 24.

Aeolus Tyre Co., Ltd., challenging a May CIT decision upholding Commerce's decision to deny separate rate status to Aeolus as part of the seventh administrative review of the antidumping duty order on off-road tires from China. #23-2164. Opened July 24.

Guizhou Tyre Co., Ltd. and Guizhou Tyre Import and Export Co., Ltd., challenging a May CIT decision upholding Commerce's finding that Guizhou failed to rebut the presumption of government control in the antidumping duty investigation on truck and bus tires from China. #23-2165. Opened July 24.