Trade-Related Court Cases Filed Nov. 6-26

November 29, 2023 by Jacob Kopnick|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the weeks of Nov. 6-12, 13-19 and 20-26:

Pitts Enterprises, Inc., challenging CBP's finding of evasion of the antidumping duty order on chassis and subassemblies thereof from China. #23-00234. Filed Nov. 6.

Time After Time Manufacturing, challenging CBP's denial of its protest claiming its cart posts of Harmonized Tariff Schedule subheading 7216.91.0010, free of duty, and secondary HTS subheading 9903.88.03, subject to 25% Section 301 duties, should be classified under subheadings 9817.00.5000 and 9403.20.0090, free of duty. #23-00235. Filed Nov. 6.

Tube Forgings of America, Inc., and Mills Iron Works, Inc., challenging the Commerce Department's final determination in the covered merchandise inquiry proceeding issued as part of the antidumping duty investigation on carbon steel butt-weld pipe fittings from China. #23-00236. Filed Nov. 9.

Geo Specialty Chemicals, Inc., challenging the Commerce Department's final negative scope ruling regarding the antidumping and countervailing duty orders on glycine from India, Japan, Thailand and China. #23-00238. Filed Nov. 10.

Archer Daniels Midland Company, challenging Commerce's final results in the administrative review of the countervailing duty order on phosphate fertilizers from Russia, covering entries in 2020-21. #23-00239. Filed Nov. 13.

Midwest Air Technologies, Inc., challenging CBP's denial of its protest claiming its swaged line posts and swaged corner posts for chain link fencing of Harmonized Tariff Schedule subheadings 7306.30.5032 and 7306.30.1000 should be classified under subheading 7308.90.9590. #23-00240. Filed Nov. 13.

Wagner Spray Tech Corporation, challenging the Commerce Department's final scope ruling on Wagner's finished heat sink manifold. #23-00241. Filed Nov. 17.

Amsted Rail Co., Inc., and ASF-K de Mexico S. de R.L. de C.V., challenging the Commerce Department's final determination in the antidumping duty investigation on freight rail couplers and parts thereof from Mexico. #23-00242. Filed Nov. 17.

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 Nov. 6-12, 13-19 and 20-26:

Midwest-CBK, LLC, challenging an October CIT opinion granting its motion for final judgment of dismissal in a case on whether the importer's sales from a Canadian warehouse to U.S. customers are sales "for exportation to the United States" instead of "domestic sales." #24-1142. Opened Nov. 14.

Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S., appealing a September CIT decision sustaining the Commerce Department's use of the Turkish lira to value Habas' home-market sales as part of the 2018-19 review of the antidumping duty order on cold-rolled steel flat products from Turkey. #24-1158. Opened Nov. 17.

Magnum Magnetics Corp., challenging a September CIT decision sustaining the Commerce Department's final scope ruling that plastic shelf dividers are excluded from the antidumping and countervailing duty orders on raw flexible magnets from China. #24-1164. Opened Nov. 20.