Trade-Related Court Cases Filed July 8-14 and 15-21

July 25, 2024 by Jacob Kopnick|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the weeks of July 8-14 and 15-21:

Green Garden Produce, LLC, challenging the Commerce Department's final determination of circumvention of the antidumping duty order on fresh garlic from China. # 24-00114. Filed July 8.

Jinhe Biotechnology Co., Ltd., challenging CBP's denial of its protest claiming its chlortetracycline feed grade concentrate and chlortetracycline hydrochloride of Harmonized Tariff Schedule subheading 2309.90.9500, dutiable at 1.4%, and secondary subheading 9903.88.03, which carries a 25% Section 301 tariff, should be classified under subheading 2941.30.0000, free of duty. # 24-00115. Filed July 8.

Posco International America Corp., challenging CBP's denial of its protest claiming its hot-rolled steel flat products of Harmonized Tariff Schedule subheading 7208.39.00, free of duty, were improperly liquidated with antidumping and countervailing duties. # 24-00116. Filed July 9.

United States, challenging Forest Group USA Inc. and Drapery Hardware USA Inc., doing business as Forest Drapery Hardware, for negligently failing to pay antidumping and countervailing duties on aluminum extrusions from China. # 24-00117. Filed July 10.

Bio-Lab, Inc., Innovative Water Care LLC and Occidental Chemical Corp., challenging the Commerce Department's final results in the administrative review of the countervailing duty order on chlorinated isocyanurates from China, covering entries in 2021. # 24-00118. Filed July 11.

American Brass Rod Fair Trade Coalition, Mueller Brass Co. and Wieland Chase LLC, challenging Commerce's final determination in the antidumping duty investigation on brass rod from India. # 24-00119. Filed July 11.

Yellowbird Enterprises LLC and Vantage Point Services LLC, challenging CBP's denial of their protest claiming their collections and collectors' pieces of Harmonized Tariff Schedule subheading 8703.24.0190, dutiable at 2.5%, should be classified under subheading 9705.10.0090, free of duty. # 24-00121. Filed July 18.

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 July 8-14 and 15-21:

United States, appealing a January Court of International Trade decision denying its motion to dismiss a case challenging CBP's designation of 80 softwood lumber entries from Canada as "deemed liquidated" while they were subject to suspension of liquidation instructions from Commerce. # 24-2049. Opened July 8.

Performance Additives, LLC, challenging a May CIT decision finding that a duty drawback claim becomes deemed liquidated after one year if the underlying import entries are also liquidated and final, with finality defined as the end of the 180-day window in which to file a protest with CBP. # 24-2059. Opened July 10.