The Court of International Trade reassigned a customs penalty action against California-based solar cell importer executive Paul Bakhoum from Judge Richard Eaton to Judge Stephen Vaden. The U.S. brought the suit in October, accusing Bakhoum of neglignece and seeking $776,250.51 in unpaid duties and damages (see 2410080051). Bakhoum worked as the vice president for solar cell importer Ecosolargy and is alleged to have made various errors when entering solar shipments during 2014-15. An attorney for the U.S. didn't respond to a request for comment on the case reassignment (U.S. v. Paul Bakhoum, CIT # 24-00188).
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 calculated a zero percent dumping margin for exporter Grupo Simec on remand at the Court of International Trade, dropping the 66.7% adverse facts available rate for the company in the 2019-20 review of the antidumping duty order on steel concrete rebar from Mexico. Commerce accepted submissions from the exporter on remand after the trade court said the agency unreasonably declined an extension request from the company (Grupo Acecero v. United States, CIT # 22-00202).
The following lawsuits were recently filed at the Court of International Trade:
Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) filed a trio of opening briefs in its three concurrent appeals at the U.S. Court of Appeals for the Federal Circuit, all of which are seeking to account for the exclusion of exporter Colakoglu from the antidumping duty order on hot-rolled steel from Turkey in the International Trade Commission's five-year sunset review of the order.
No lawsuits were recently filed at the Court of International Trade.
Importer Coulisse Distribution voluntarily dismissed its customs suit at the Court of International Trade on its DC (direct current) electric motors, filing a notice of dismissal Nov. 14. Coulisse filed the suit seeking an exclusion from Section 301 duties under Harmonized Tariff Schedule secondary subheading 9903.88.67. The motors were classified under subheading 8501.10.4060, dutiable at 4.4%, and secondary subheading 9903.88.01. Counsel for the importer didn't respond to our request for comment (Coulisse Distribution v. U.S., CIT # 23-00245).
The Court of International Trade has jurisdiction over importer Retractable Technologies' suit against the Office of the U.S. Trade Representative's 100% Section 301 rate hike on needles and syringes, given that the court has already acknowledged its ability to hear cases on agency action taken under presidential direction, Retractable said. Responding to the government's motion to dismiss the case Nov. 19, Retractable pointed to the trade court's recent decision in the case granting a preliminary injunction (PI) on the liquidation of the importer's entries subject to the duties (Retractable Technologies v. U.S., CIT # 24-00185).
The U.S. Court of Appeals for the Federal Circuit on Nov. 19 adopted amendments to its practice rules and notes and attorney discipline rules, the court announced. The changes will take effect Dec. 1 and will apply to "all cases filed order pending on or after" Dec. 1, unless otherwise ordered, the court said.
Solar Exporters, Importers Say Relief Sought in Suit on SE Asian Solar Cell Duty Pause 'Inequitable'
Solar exporters and importers, led by the American Clean Power Association, said a suit challenging the Commerce Department's duty pause on solar cells and modules from four Southeast Asian countries is "moot" due to a failure to identify an injury that would be redressable through the retroactive imposition of AD/CVD (Auxin Solar v. United States, CIT # 23-00274).
Hendricks Valenzuela, a U.S. trade attorney, has been promoted to senior attorney in the Commerce Department's Office of the Chief Counsel for Trade Enforcement and Compliance, he said on LinkedIn. Valenzuela joined the agency in 2020 as an attorney.