United States Court of Appeals

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Court of International Trade

Summary of Decisions

19-79

On July 1, 2019, in the ongoing antidumping and countervailing duty orders on aluminum extrusions from the People’s Republic of China, the Court concluded that jurisdiction over this action exists because Plaintiff Perfectus’s complaint seeking review of the scope ruling was filed within thirty days of the mailing by post of that ruling as required by statute and was therefore timely and the Court sustains Commerce’s finding that the pallet products fall within the plain language of the scope of the Orders.

19-80

On July 2, 2019, in the classification case of stringed light sets, the Court granted Plaintiff Target’s motion for summary judgment and denied the Defendant’s cross-motion. The CIT concluded that the subject merchandise based on the principal of use and commercial fungibility with other products was incorrectly classified by Customs. In the Opinion, the CIT stated, “there can be no genuine issue of material fact that the lighting sets at issue are not principally used as Christmas tree lights and are not fungible with Christmas tree lights.”

Court of International Trade

Summary of Decisions

19-52

On May 1, 2019, the CIT sustained Commerce’s remand redetermination results following a countervailing duty investigation for certain hot-rolled steel flat products from the Republic of Korea. The court reviewed two issues on remand, Commerce’s selection of the highest calculated AFA rate and Commerce’s corroboration. Concerning the first issued on the selection of the AFA rate, the CIT found that Plaintiff POSCO did not exhaust its administrative remedies. The second issue presented was whether or not the selected 1.05% AFA rate was corroborated based upon substantial evidence and whether Commerce’s selection of a non-de-minimis AFA rate was appropriate because it was a rate calculated for a cooperating Korean company in another countervailing duty proceeding for a similar program.

19-53

On May 2, 2019, in the case of garage door openers that were redesigned to avoid infringement on a registered patent, the CIT denied the ITC’s motion for a stay pending appeal based on the grounds that the ITC did not meet its burden for a stay. A stay of the preliminary injunction and all other proceedings in this matter was not warranted as: (1) the ITC has not demonstrated a “strong showing” of likelihood of success on the merits, (2) the ITC has not demonstrated that it will be irreparably injured absent a stay in this action, (3) the issuance of a stay would substantially injure another party, the Plaintiff, and (4) the public interest is neutral. For those reasons, the CIT denied the ITC’s motion for a stay.

In agreeing to review two rulings by the 4th Circuit Court of Appeals and 9th Circuit Court of Appeals on President Trump’s March 6, 2017, Executive Order, the Supreme Court reinstated certain provisions of the Executive Order that the lower courts had blocked. The March 6th Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” was to suspend visa issuance for individuals from six countries, including Libya, Iran, Somalia, Sudan, Syria, and Yemen for 90 days. This provision, often referred to as the “travel ban,” effectively prohibits travel to the United States for individuals from the six affected countries.