The U.S. on Sept. 10 opposed exporter Koehler's request for the Court of International Trade to certify its order permitting service on the company's U.S. counsel to allow for an immediate appeal of the order. The government said an immediate appeal will fail to "materially advance the ultimate termination of the litigation" because the U.S. can still effect service through other means if the court's order is reversed (United States v. Koehler Oberkirch GmbH, CIT # 24-00014).
Importer Plasticolor Molded Products on Sept. 10 dismissed its customs case on the classification of its automobile seat covers. CBP classified the goods under Harmonized Tariff Schedule subheading 8708.99.8180, dutiable at 2.5%, with Section 301 tariffs assessed under subheading 9903.88.03. Plasticolor said the goods fit under subheading 8708.99.8180, dutiable at 2.5%, but were excluded from Section 301 duties under subheading 9903.88.43. Counsel for Plasticolor declined to comment on the reason for the dismissal (Plasticolor Molded Products v. United States, CIT # 20-03822).
An Indian exporter of polyethylene terephthalate film, sheet, and strip, or PET film, moved for judgment Sept. 6 in another case contesting the Commerce Department's controversially strict enforcement of its filing deadlines (see 2408300050 and 2405290065). The exporter said it missed its deadline because the employee it had placed in charge of filing had gone on medical leave due to “severe illness” (Jindal Poly Films v. U.S., CIT # 24-00053).
Importer Amsted Rail Co. argued at the Court of International Trade that the International Trade Commission failed to reconcile its "contradictory conclusions" on the same evidence in finding that the domestic industry was harmed by imports of freight rail couplers. Filing a motion for judgment on Sept. 6, ARC said that didn't account for a key finding in a previous investigation on the freight rail couplers, which said that the domestic industry's health is "disproportionately" tied to demand for the couplers in the original equipment manufacturer market segment (Amsted Rail Co. v. United States, CIT # 23-00268).
Hoverboards are light electric vehicles, not wheeled toys, the U.S. said in a cross-motion for summary judgment Sep. 4 (3BTech v. U.S., CIT # 21-00026).
The Court of International Trade on Sept. 9 struck a brief from U.S. Steel after the company attempted to submit supplemental arguments in a case on Section 232 steel and aluminum tariff exclusion requests. Judge M. Miller Baker said that because he rejected the company's bid to join the action, it's not a party to the case and can't file briefs (California Steel Industries v. United States, CIT # 21-00015).
The following lawsuit was recently filed at the Court of International Trade:
The U.S. will pay conservation groups Sea Shepherd New Zealand and Sea Shepherd Conservation Society $375,000 in attorney's fees related to their case on an import ban on fish from New Zealand's West Coast North Island inshore trawl and set net fisheries under the Marine Mammal Protection Act (Sea Shepherd New Zealand v. U.S., CIT # 20-00112).
The U.S. and importer Greenlight Organic, along with its owner Parambir Singh "Sonny" Aulakh, filed a joint stipulation of dismissal in the government's customs fraud suit against Greenlight and its owner. The dismissal comes after the parties filed a joint status report noting that a settlement was reached in the case (see 2408260014) (United States v. Greenlight Organic, CIT # 17-00031).
Exporters CS Wind Malaysia and CS Wind Korea filed a complaint at the Court of International Trade on Sept. 6 challenging the Commerce Department's 2021-22 review of the antidumping duty order on utility scale wind towers from Malaysia. The companies, collectively referred to as CS Wind, challenged Commerce's alleged failure to apply a cost adjustment to CS Wind's cost of manufacturing and decision to calculate the constructed value profit and selling expense ratios based on an average of two surrogate Malaysian companies (CS Wind Malaysia v. U.S., CIT # 24-00150).