14 results for 'cat:"Commerce" AND cat:"Trade"'.
J. Hughes finds that the court of international trade properly dismissed this appeal for lack of jurisdiction over customs and border protection's assessment of countervailing and antidumping duties because the importer failed to exhaust administrative remedies. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: April 8, 2024, Case #: 22-2079, Categories: commerce, trade, Jurisdiction
J. Hughes finds that the court of international trade properly ruled in this antidumping dispute because evidence indicates U.S. Steel did not reimburse an affiliated U.S. importer for antidumping duties. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: April 4, 2024, Case #: 22-2078, Categories: commerce, trade
J. Kirsch finds for a company in claims contending the Russia Act was unconstitutionally applied when a contract was not renewed on grounds that a Japanese parent company also owned a Russian company. The state law was overbroad in prohibiting conduct allowed under federal sanctions, and the law interferes with the U.S. President's ability to discourage Russian intervention in Ukraine by allowing one state to "undercut" the federal approach to Russia's aggression. Meanwhile, the law prevents the U.S. from speaking with a unified voice in addressing the conflict in Ukraine.
Court: USDC New Jersey, Judge: Kirsch , Filed On: December 22, 2023, Case #: 3:23cv4044, NOS: Constitutionality of State Statutes - Other Suits, Categories: commerce, Constitution, trade
J. Barnet finds the instant court lacks subject matter jurisdiction. This matter concerns an antidumping duties evasion investigation and liquidation of imports of pencils from the People’s Republic of China through an exporter located in the Philippines. Because the imports in question were liquidated by the United States Customs and Border Patrol, and because the importer failed to protest the liquidations, there is no apparent relief available.
Court: Court of International Trade, Judge: Barnet, Filed On: December 15, 2023, Case #: 23-177, Categories: commerce, trade
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J. Stanceu grants the United States’ motion for summary judgment in this dispute involving the classification of imported goods. United States Customs and Border Protection (Customs), classified the manufacturer's products as medicaments, as they were determined to be medicinal preparations for use in the treatment of human ailments, but the manufacturer argues the proper import category should be medical foods as they are nutritional therapy for infants with disease or disorders, and should be duty-free. The instant court finds that Customs assigned the proper classification and associated duties. Affirmed.
Court: Court of International Trade, Judge: Stanceu, Filed On: December 4, 2023, Case #: 23-170, Categories: commerce, trade
J. Hughes finds that the court of international trade properly determined the department of commerce was not allowed to make market situation adjustments to the price of producing steel pipes in determining anti-dumping margins. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: December 4, 2023, Case #: 2022-1175, Categories: commerce, trade
J. Gorton grants a machine vision manufacturer’s motion to dismiss counterclaims brought against it by an industrial distributor, and denies the manufacturer’s motion to strike the industrial distributor’s jury demand as moot. The distributor did not have a franchise relationship with the manufacturer and has not made or been required to make in the future a payment to the manufacturer. While the distributor purchased demonstration equipment, it fails to prove that this was necessary.
Court: USDC Massachusetts, Judge: Gorton, Filed On: September 8, 2023, Case #: 1:22cv10051, NOS: Other Contract - Contract, Categories: commerce, trade, Contract
J. Resani finds the lower court properly handled the duties paid by a manufacturer of light-walled rectangular pipe and tube from Turkey. The United States Department of Commerce (Commerce) treated duties collected as normal customs duties and denied the manufacturer’s application for a duty drawback adjustment. Finding no error by Commerce, the instant court sustains the final determination.
Court: Court of International Trade, Judge: Restani, Filed On: August 23, 2023, Case #: 23-125, Categories: commerce, trade
J. Resani finds the lower court properly handled the duties paid by a manufacturer of steel concrete reinforcing bar products from Turkey. The United States Department of Commerce (Commerce) treated duties collected as normal customs duties and denied the manufacturer’s application for a duty drawback adjustment. Finding no error by Commerce, the instant court sustains the final determination.
Court: Court of International Trade, Judge: Restani, Filed On: August 23, 2023, Case #: 23-124, Categories: commerce, trade
J. Gallagher grants dismissal of a counter motion of misappropriation of trade secrets allegations brought by a landscaping company against a competitor. The counter movant claims its information was compromised when a former employee accessed a current employee’s email at the request of the competitor. However, the only breaches were a customer list and staff payment information, which do not amount to trade secrets.
Court: USDC Maryland, Judge: Gallagher, Filed On: August 16, 2023, Case #: 1:22cv176, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: commerce, trade Secrets, Business Practices
J. Restani grants summary judgment to the United States Customs and Border Protection (Customs) in this dispute over merchandise classification. A manufacturer challenges Customs’ classification of cast iron counterweights for self-propelled mini or compact excavators. The manufacturer contends that the counterweights are parts related to a mini excavator and not a backhoe, but the machine fits the definition of a backhoe, and the term excavator encompasses backhoes. The instant court finds that Customs properly classified the materials as associated with a backhoe for the purpose of determining tariffs.
Court: Court of International Trade, Judge: Restani, Filed On: July 21, 2023, Case #: 23-108, Categories: commerce, trade, Tax
J. Kelly finds the United States Department of Commerce properly classified suspension losses associated with the antidumping duty of welded line pipe from the Republic of Korea. The Department properly identified the period of time in which production was suspended, and that the costs associated with the shutdown should be classified as general and administrative costs rather than the cost of goods sold, as accounted by the manufacturer. Affirmed.
Court: Court of International Trade, Judge: Kelly, Filed On: July 14, 2023, Case #: 23-103, Categories: commerce, trade
J. Dyk finds that the court of international trade properly deemed a solar appliance company ineligible for a separate rate in an antidumping administrative review because the company failed to establish subject merchandise had not been entered during the period of review. Affirmed.
Court: Federal Circuit, Judge: Dyk, Filed On: May 19, 2023, Case #: 20-2162, Categories: commerce, trade