Importer IKKO International Trading on Oct. 29 asked the Court of International Trade for a six-month extension, until April 30, to remain on the case management calendar. The U.S. consented to the move, which comes in a tariff classification suit on sushi ginger. IKKO said the issue is being litigated in another CIT case, Wismettac Asian Foods v. U.S., adding that it's considering asking for a stay in the present action. IKKO said it has taken longer to finalize its approach than anticipated "due to the departure from the undersigned firm of the attorney who previously had primary responsibility for this litigation" (IKKO International Trading v. U.S., CIT # 22-00119).
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
The Commerce Department agreed to remove a prohibition on Red Sun Energy Long An Co. that had blocked the exporter from using the agency's exclusion certification process to enter its solar cells duty-free from Vietnam. The parties filed a stipulation for judgment with the Court of International Trade on Nov. 1, ending Red Sun's challenge to Commerce's anti-circumvention finding on solar cells from Cambodia, Malaysia, Thailand and Vietnam (Red Sun Energy Long An Co. v. United States, CIT # 23-00229).
The Commerce Department reasonably placed greater emphasis on research and development investment when it found that solar cells from Cambodia were circumventing the antidumping and countervailing duty orders on solar cells from China, the U.S. said. Filing a reply brief to the Court of International Trade on Oct. 29, the government argued that the agency "set forth uncontroverted record evidence to explain that R&D is particularly important to solar producers" and that these investments are key to "technological breakthroughs in the solar industry" (BYD (H.K.) Co. v. United States, CIT # 23-00221).
The following lawsuit was recently filed at the Court of International Trade:
Christopher Skinner, former partner at Williams Mullen, has joined ArentFox as a partner in its international trade and investment practice, the firm announced. Skinner's practice will cover export controls and sanctions compliance as well as customs and import regulations.
The Court of International Trade issued a confidential decision on Oct. 31 remanding in part and sustaining in part CBP's finding that importer Scioto Valley Woodworking wasn't evading antidumping and countervailing duties on wooden cabinets from China. Judge Lisa Wang gave the parties until Dec. 2 to review the decision for confidential information. Petitioner American Kitchen Cabinet Alliance brought the suit to ask whether CBP's Office of Rulings and Regulations can reverse evidence-based evasion findings made by CBP's Trade Remedy Law Enforcement Directorate (see 2403120038) (American Kitchen Cabinet Alliance v. U.S., CIT # 23-00140).
The U.S. Court of Appeals for the 9th Circuit rejected an argument from a Chinese engineering professor who said his illegal export shouldn't have been subject to national security controls, which made the export subject to a higher base offense (U.S. v. Yi-Chi Shih, 9th Cir. # 23-3718).
The government's interpretation of the antidumping and countervailing duty orders on drawn stainless steel sinks from China would lead to "absurd" results and would plainly expand the scope of the orders to out-of-scope items, importer R.H. Peterson told the Court of International Trade on Oct. 29 in a reply brief (R.H. Peterson v. United States, CIT # 20-00099).
Individual importer Timothy Brown filed a complaint on Oct. 31 at the Court of International Trade seeking nearly $20,000 in duty drawback related to the shipment of a Porsch 911 Turbo S luxury vehicle. Brown said he in 2017 imported the vehicle, which was classified under Harmonized Tariff Schedule subheading 8703.24.0190, dutiable at 2.5% (Timothy Brown v. United States, CIT # 20-03733).
A jury found wholesale clothing importer C'est Toi Jeans and two of its executives guilty of avoiding over $8 million in customs duties on apparel entries, and laundering and failing to report over $17 million in proceeds from cash transactions, the U.S. Attorney's Office for the Central District of California announced. The two executives are Si Oh Rhew, president of the company, and his son, Lance Rhew.