Slip Op. 16-75 UNITED STATES COURT OF INTERNATIONAL TRADE FEDMET RESOURCES CORPORATION, Plaintiff, Before: Timothy C. Stanceu, Chief Judge v. Court No. 14-00297 UNITED STATES, Defendant. OPINION [Denying plaintiff’s motion for judgment on the agency record and entering declaratory judgment on a claim adjudicated earlier in these proceedings] Dated: August 1, 2016 Donald B. Cameron, Morris, Manning & Martin LLP, of Washington D.C., for plaintiff Fedmet Resources Corporation. With him on the...
OPINION AND ORDER Barnett , Judge : The United States of America ("United States" or "Plaintiff") brings this enforcement action against International Trading Services, LLC ("ITS") and Julio Lorza ("Lorza" or "Defendant") (together, "Defendants") to recover unpaid duties and penalties pursuant to 19 U.S.C. 1592 (2012), 1 or, alternatively, unpaid duties and mandatory accrued interest pursuant to 19 U.S.C. 1505. See generally Compl., ECF No. 2. Lorza moves to dismiss the complaint as...
OPINION [Denying Plaintiff's motion in limine] KENTON MUSGRAVE , Senior Judge . The underlying action appears to test the "first sale" rule of Nissho Iwai America, Corp. v. United States , 982 F.2d 505 (1992), for the purpose of valuing certain cookware manufactured in both the People's Republic of China ("PRC") and Thailand. Now before the court is the plaintiff's motion in limine to test the relevancy of certain financial documents relating to the plaintiff's parent holding company,...
OPINION AND ORDER [The court grants Defendant's motion to dismiss Plaintiff's first claim for lack of subject matter jurisdiction. The court grants Defendant's motion for judgment on the pleadings with respect to Plaintiff's alternative claim.] RICHARD W. GOLDBERG , Senior Judge . Plaintiff, ThyssenKrupp Steel North America ("Plaintiff"), challenges United States Customs and Border Protection's ("CBP") rejection of its protests regarding CBP's refusal to reliquidate Plaintiff's entries....
OPINION [Sustaining fifteenth administrative review of antidumping duty order on certain preserved mushrooms from the PRC.] R. KENTON MUSGRAVE , Senior Judge . The plaintiffs, Linyi City Kangfa Foodstuff Drinkable Co. Ltd. ("Kangfa") and Gangchang Canned Foods Co., Ltd. ("Gangchang"), exporters of subject merchandise from the People's Republic of China ("PRC"), contest aspects of Certain Preserved Mushrooms from the PRC: Final Results of Antidumping Duty Administrative Review; 2013-2014;...
OPINION KENTON MUSGRAVE , Senior District Judge . Before the court are the Final Results of Redetermination Pursuant to Court Order , Golden Dragon Precise Copper Tube Group, Inc., et al. v. United States , Court No. 14-00116, ECF No. 89 (Mar. 23, 2016) ("Remand Results") filed by defendant's Department of Commerce, International Trade Administration ("Commerce"). Commerce filed these Remand Results pursuant to Golden Dragon Precise Copper Tube Group, Inc. v. United States , Court No....
OPINION AND ORDER [Remanding final results of administrative review for further explanation or reconsideration.] R. KENTON MUSGRAVE , Senior Judge . The plaintiffs, Golden Dragon Precise Copper Tube Group, Inc. ( et al. ; collectively "Golden Dragon"), challenge several aspects of Seamless Refined Copper Pipe and Tube From the People's Republic of China , 80 Fed. Reg. 32087 (Jun. 8, 2015) (final results of 2012-2013 admin. review) (" Final Results ") as stated in the accompanying issues...
OPINION Timothy C. Stanceu , Chief Judge . In this consolidated action, plaintiffs Papierfabrik August Koehler AG ("Koehler") and Appleton Papers, Inc. contested the amended final results issued by the International Trade Administration, U.S. Department of Commerce ("Commerce" or the "Department") to conclude the second administrative review ("AR2") of an antidumping duty order on lightweight thermal paper from Germany (the "subject merchandise"). See Lightweight Thermal Paper from...
MEMORANDUM and ORDER LEO M. GORDON , Judge . Before the court is Plaintiff United States' Motion for Default Judgment against Defendant Horizon Products International, Inc. ("Horizon") for a civil penalty in the amount of $324,540.00, plus post-judgment interest. ECF No.47. Plaintiff's motion is based on Horizon's failure to defend against Plaintiff's claim for a civil penalty. Pl.'s Mot. for Default J. 2-10, ECF No. 47. The procedure for obtaining a default judgment is governed by USCIT...
OPINION Gordon , Judge : This action involves a scope inquiry conducted by the U.S. Department of Commerce ("Commerce") regarding the antidumping and countervailing duty orders on aluminum extrusions from the People's Republic of China. See Final Scope Ruling on Exhibition Booth Kits (Dep't of Commerce Aug. 14, 2014), available at http://enforcement.trade.gov/download/prc-ae/scope/49-exhibition-booth-kits-14aug14.pdf (last visited this date) (" Final Scope Ruling "); see also Aluminum...
OPINION Stanceu , Chief Judge : Plaintiff Aluminum Extrusions Fair Trade Committee ("AEFTC") contests an August 7, 2014 final determination of the International Trade Administration, United States Department of Commerce ("Commerce" or "the Department"), in which Commerce ruled that "aluminum frames for screen printing, with mesh screen attached" ("screen printing frames") are not within the scope of antidumping and countervailing duty orders on aluminum extrusions from the People's...
OPINION Pogue , Senior Judge : This consolidated action arises from the United States Department of Commerce's ("Commerce") countervailing duty ("CVD") investigation of certain crystalline silicon photovoltaic products ("solar panels") from the People's Republic of China ("China"). 2 Before the court is a motion by the Government of Canada and the Governments of Qu bec, Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, and Saskatchewan (hereinafter collectively...
OPINION [Commerce's second remand results are sustained.] JANE A. RESTANI , Judge . This matter is before the court following a remand to the United States Department of Commerce ("Commerce") in Ethan Allen Operations, Inc. v. United States , Slip Op. 15-134, 2015 WL 7746717 (CIT Dec. 1, 2015) (" Ethan Allen "). Familiarity with that decision is presumed. In Ethan Allen , the court determined that the factors codified at 19 C.F.R. 351.225(k)(1) (2014) ("(k)(1) factors") were non-...
OPINION AND ORDER R. KENTON MUSGRAVE , Senior Judge . Before this court is a partial consent motion by the defendant's Department of Commerce, International Trade Administration ("Commerce") for voluntary remand of the Final Results of Redetermination Pursuant to Court Order, Golden Dragon Precise Copper Tube Group, Inc., et al. v. United States , Court No. 14-00116, ECF No. 82 (Nov. 18, 2015) ("Remand Results"). The Remand Results were filed pursuant to Golden Dragon Precise Copper Tube...
MEMORANDUM AND ORDER R. KENTON MUSGRAVE , Senior Judge . Before the court is the plaintiff's motion to compel production of unredacted copies of certain documents sought in connection with discovery on this and several related actions filed to seek refund of alleged overpayment of customs duties to U.S. Customs and Border Protection ("Customs"). For the following reason, the plaintiff's motion is denied. Background The complaint underlying this motion alleges that the overpayments are...
OPINION and ORDER Pogue , Senior Judge : In this action, Plaintiffs Shenyang Yuanda Aluminum Industry Engineering Co., Ltd. and Yuanda USA Corporation (collectively "Yuanda"); Jango Curtain Wall Americas Co. ("Jangho"); and Permasteelisa North America Corp., Permasteelisa South China Factory, and Permasteelisa Hong Kong Ltd. (collectively "Permasteelisa"), challenge the decision, 2 made by Defendant, the U.S. Department of Commerce ("Commerce"), that Yuanda's unitized curtain wall, i.e.,...
OPINION AND ORDER Goldberg , Senior Judge : Plaintiff, ThyssenKrupp Steel North America ("Plaintiff'), challenges United States Customs and Border Protection's ("CBP") rejection of its protests regarding CBP's refusal to reliquidate Plaintiff's entries. In the alternative, Plaintiff challenges the lawfulness of liquidation instructions issued by the United States Department of Commerce ("Commerce"). Commerce, CBP, and the United States (collectively, "Defendant") move for dismissal of...
MEMORANDUM and ORDER Gordon , Judge : Before the court is Plaintiff United States' Motion for Default Judgment against Defendant Horizon Products International, Inc. ("Horizon") for a civil penalty in the amount of $324,540.00, plus post-judgment interest. ECF No.47. Plaintiffs motion is based on Horizon's failure to defend against Plaintiffs claim for a civil penalty. Pl.'s Mot. for Default J. 2-10, ECF No. 47. The procedure for obtaining a default judgment is governed by USCIT Rule 55,...
OPINION EATON , Judge : This matter is before the court on the cross-motions for summary judgment of plaintiff United States ("plaintiff' or "the Government"), on behalf of the United States Customs and Border Protection Agency ("Customs"), and defendant American Home Assurance Company ("defendant" or "AHAC"). See Pl.'s Mot. for Summ. J. (ECF Dkt. No. 76); Def.'s Mot. for Summ. J. (ECF Dkt. No. 78). Jurisdiction lies pursuant to 28 U.S.C. 1582(2) (2012) ("The Court of International...
Slip Op. 16-120 UNITED STATES COURT OF INTERNATIONAL TRADE _ : FINE FURNITURE (SHANGHAI) : LIMITED, : : Plaintiff, : : and : : ARMSTRONG WOOD PRODUCTS : (KUNSHAN) CO., LTD., GUANGDONG : YIHUA TIMBER INDUSTRY CO., LTD., : OLD MASTER PRODUCTS, INC., : LUMBER LIQUIDATORS SERVICES, : LLC, SHANGHAI LAIRUNDE WOOD : Before: Richard K. Eaton, Judge CO., LTD., CHANGZHOU HAWD : FLOORING CO., LTD., DALIAN : Consol. Court No. 16-00145 HUILONG WOODEN PRODUCTS CO., : LTD., DUNHUA CITY JISEN WOOD : INDUSTRY...
