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Oct 19Mon
  1. CIT · Slip Opinions

    CIT partially dismisses Voith US classification action for lack of jurisdiction over 30 protests

    The U.S. Court of International Trade held in Slip Op. 26-127, Court No. 24-00029, that it lacks subject matter jurisdiction over 30 of the 36 protests Voith US Inc. listed on its summons because those protests were still pending before CBP when the action commenced, and it dismissed the claims as to two further protests, 550124107102 and 550124107103, that appeared in the complaint but not on the summons. The partial dismissal confines the action to six protests (160123106680, 151223100887, 151223100888, 040123103090, 140123107549 and 240223100665) and their underlying entries of QualiFlex press sleeves from Germany made in 2021 and 2022.

Oct 10Sat
  1. Supply Chain Dive

    CIT certifies importer class in IEEPA tariff refund suit

    The U.S. Court of International Trade certified a class of importers who paid tariffs imposed under the International Emergency Economic Powers Act between Feb. 1, 2025, and Feb. 19, 2026, excluding those who filed separate lawsuits, in a slip order issued Thursday. The court set an Oct. 22 deadline for proposed scheduling of additional filings and a closed conference for Oct. 13, and said certification is intended to lead to liquidation or reliquidation of entries and refunds to importers of record.

Oct 8Thu
  1. CIT · Slip Opinions

    CIT certifies importer class in IEEPA tariff refund case against CBP

    The U.S. Court of International Trade granted Freestyle World, Inc.'s motion for class certification and appointment of class counsel in Freestyle World, Inc. v. United States, Court No. 26-01088, Slip Op. 26-123, certifying an injunctive class under USCIT Rule 23(b)(2) of all importers of record who paid duties under the challenged tariff orders between February 1, 2025 and February 19, 2026, excluding entities that filed separate actions to recover IEEPA duties.

Sep 23Wed
  1. CIT · Slip Opinions

    CIT sustains Commerce remand results in AD/CVD reviews of wood mouldings and millwork from China

    The U.S. Court of International Trade sustained Commerce's final results of redetermination on remand in the countervailing and antidumping duty administrative reviews of wood mouldings and millwork products from China, in China Cornici Co. v. United States, Slip Op. 26-118, Court Nos. 23-00216 and 23-00217, decided September 23, 2026. On remand Commerce declined to rescind the reviews and assigned China Cornici and RaoPing the 8.89% countervailing duty rate for non-examined companies for the 2021 period of review, and assigned China Cornici the China-wide antidumping duty rate of 220.87% while allowing Chen Chiu to claim RaoPing's 0.00% separate cash deposit rate for future shipments.

Sep 18Fri
  1. CIT · Slip Opinions

    CIT grants in part default judgment against Koehler in $193.6 million antidumping duty suit

    The U.S. Court of International Trade entered default judgment against Koehler Oberkirch GmbH and Koehler Paper SE in Court No. 24-00014 for unpaid antidumping duties on lightweight thermal paper from Germany, after the defendants failed to answer interrogatories and refused to participate in discovery under USCIT Rule 37(d). The court declined the Government's request for an injunction barring the defendants from importing into the United States, holding that the relief was not demanded in the complaint and would violate USCIT Rule 54(c). The opinion, Slip Op. 26-116, is dated September 18, 2026.

Sep 16Wed
  1. CIT · Slip Opinions

    CIT denies preliminary injunction against CBP deactivation of customs broker's entry filer code

    The U.S. Court of International Trade denied Forrest Xu's motion for a preliminary injunction in Slip Op. 26-115, Court No. 26-03403, leaving in place CBP's deactivation of his entry filer code, which prevents him from filing entries electronically through ABI and by paper under that code. Judge Lisa W. Wang found Xu was not likely to succeed on the merits of his due process claim. CBP's June 1, 2026 letter told Xu he could seek reinstatement of the entry filer code after a minimum of 180 calendar days from the date of that letter.

Sep 2Wed
  1. CIT · Slip Opinions

    CIT rules feed-grade chlortetracycline concentrate is classifiable as an antibiotic under 2941.30.00

    In Slip Op. 26-102, Court No. 22-00056, the U.S. Court of International Trade granted Zoetis Services LLC's motion for summary judgment and denied the government's cross-motion, holding that feed-grade chlortetracycline concentrate manufactured in China by Jinhe Biotechnology Co., Ltd. is properly classified as an antibiotic under subheading 2941.30.00 rather than as an animal feed preparation under heading 2309. CBP had liquidated two Chicago entries, dated December 26, 2019 and January 22, 2020, under subheading 2309.90.10 and assessed Section 301 duties under 9903.88.03 at 25 percent ad valorem; the government argued on cross-motion for subheading 2309.90.95 at 1.4 percent.

Aug 26Wed
  1. CBP · Trade

    CBP publishes Rail Electronic Export Manifest final rule requiring advance electronic manifests

    CBP published the Rail Electronic Export Manifest Final Rule on August 26, 2026, requiring advance submission of electronic rail export manifests in the Automated Commercial Environment's Electronic Export Manifest system. The rule makes EEM mandatory for electronic rail manifest processing, moving beyond the current EEM Pilot. The notice does not state an effective date or compliance deadline.

Aug 20Thu
Aug 19Wed
  1. CIT · Slip Opinions

    CIT denies as moot NRDC motion to enforce MMPA import provisions settlement

    The U.S. Court of International Trade denied as moot the plaintiffs' motion to enforce the settlement agreement in Natural Resources Defense Council, Inc. v. Lutnick, Court No. 24-00148, Slip Op. 26-97, dated August 19, 2026, after all parties agreed no live controversy remained. The court noted that the Marine Mammal Protection Act import provisions, 16 U.S.C. § 1371(a)(2), have been implemented for the first time since the MMPA's 1972 enactment, with comparability findings issued for 135 nations covering approximately 2,500 fisheries and import bans on fish caught with commercial fishing technology causing incidental kill or serious injury of ocean mammals in excess of U.S. standards.

  2. CIT · Slip Opinions

    CIT denies JBF Bahrain summary judgment in US-Bahrain FTA origin dispute

    The U.S. Court of International Trade held in Slip Op. 26-99, Court No. 23-00067, that under HTSUS General Note 30 a third-country input must undergo double substantial transformation to count toward the 35 percent value requirement of the United States–Bahrain Free Trade Agreement, and that the CBP regulation adopting the tariff-shift test in 19 C.F.R. § 10.809(i) is ultra vires and invalid. The court denied JBF Bahrain W.L.L.'s motion for partial summary judgment and granted the government's cross-motion, finding the importer's tariff-shift reading of the regulation wrong in any event because it also requires the tariff shift to occur twice.

Aug 14Fri
  1. CIT · Slip Opinions

    CIT remands FLETF denial of Camel Group's removal request from UFLPA Entity List

    The U.S. Court of International Trade, in Slip Op. 26-95, Court No. 25-00022, remands to the Forced Labor Enforcement Task Force its denial of Camel Group Co., Ltd.'s request to be removed from the UFLPA Entity List, granting in part and denying in part Camel Group's motion for judgment on the agency record. Camel Group, a Shanghai Stock Exchange-listed maker of battery-related products that imports into the U.S., challenged the denial on statutory authority, the definition of goods "out of" the Xinjiang Uyghur Autonomous Region, and the adequacy of the agency's explanation and evidentiary support. The opinion is dated August 14, 2026, and was issued by Judge Lisa W. Wang.

Aug 13Thu
  1. CIT · Slip Opinions

    CIT upholds IEEPA rescission of de minimis exemption, denies Axle summary judgment on Counts I and II

    The U.S. Court of International Trade held in Slip Op. 26-94, Court No. 25-00091, that IEEPA's authority to "nullify [or] void . . . exercising any . . . privilege" authorizes the President's rescission of the de minimis exemption under 19 U.S.C. § 1321, and that the APA does not apply to the ministerial agency actions implementing that directive. The court denied Axle of Dearborn's motion for partial summary judgment on Counts I and II, granted summary judgment to the government on those counts, denied the government's motion to dismiss Count II as moot, and denied the government's motion for summary judgment on Count III.

Aug 11Tue
  1. CIT · Slip Opinions

    CIT remands Commerce denials of Mirror Metals Section 232 steel exclusion requests

    The U.S. Court of International Trade granted Mirror Metals, Inc.'s motion for judgment on the agency record in Court No. 24-00260 and remanded Commerce's denials of its 63 requests to exclude flat-rolled stainless steel products from Section 232 tariffs, in Slip Op. 26-89 dated August 11, 2026. The court found Commerce ignored the regulations' requirements for objections and failed to explain the denials in light of Mirror Metals' rebuttal evidence. The subject steel covers #8 non-directional finish, bright annealed finish and #4 satin finish products; the exclusion requests were filed between October 2022 and March 2024, when the December 14, 2020 exclusion regulations applied.

Aug 10Mon
  1. CIT · Slip Opinions

    CIT grants partial intervention to vehicle makers coalition in ICON EV EAPA suit

    The Court of International Trade granted in part and denied in part the American Personal Transportation Vehicle Manufacturers Coalition's renewed motion for permissive intervention in ICON EV LLC v. United States, Court No. 26-02759, Slip Op. 26-88, dated August 10, 2026. The Coalition may intervene only to challenge Count III of ICON's complaint, which alleges that CBP imposed interim measures without a reasonable suspicion of evasion under the Enforce and Protect Act, and must file an answer within 14 days of the order.

Jul 29Wed
  1. CIT · Slip Opinions

    CIT sustains Commerce scope ruling on Chinese carbon steel butt-weld pipe fittings finished in Vietnam

    The U.S. Court of International Trade sustained Commerce's second remand redetermination in the final scope ruling on certain carbon steel butt-weld pipe fittings from China, holding that rough fittings produced in China that underwent sizing/reforming or heat- or cold-treating and finishing in Vietnam fall within the antidumping duty order. The ruling covers the two Vietnam production scenarios in the covered merchandise referral, EAPA Consolidated Case Number 7335 (Remand Number 7717), involving Norca Industrial Company, LLC and International Piping & Procurement Group, LP. The court's decision is Slip Op. 26-83 in Consol. Court No. 23-00231, dated July 29, 2026.

Jul 13Mon
  1. CIT · Slip Opinions

    CIT denies dismissal and preliminary injunction in challenge to NMFS 2026 comparability findings on New Zealand fisheries

    The U.S. Court of International Trade, in Slip Op. 26-73, Court No. 26-02462, denied the government's motion to dismiss for lack of subject-matter jurisdiction and denied Maui and Hector's Dolphin Defenders NZ Inc.'s motion for a preliminary injunction that would have enjoined NMFS's March 11, 2026 comparability findings and imposed an import ban on New Zealand set net and trawl fisheries. The plaintiff challenges the 2026 Comparability Findings, 91 Fed. Reg. 11,962, as arbitrary and capricious and contrary to law under 5 U.S.C. § 706(2)(A), and alleges the failure to implement an import ban is agency action unlawfully withheld or unreasonably delayed under 5 U.S.C. § 706(1).

Jul 8Wed
  1. CIT · Slip Opinions

    CIT dismisses third challenge to CBP denial of customs broker license over CBLE Question No. 27

    The U.S. Court of International Trade granted the government's motion to dismiss in Byungmin Chae v. United States, Slip Op. 26-72, Court No. 26-00788, holding that the plaintiff's third challenge to CBP's denial of credit for Question No. 27 on the April 2018 Customs Broker License Examination is barred by claim preclusion. The opinion, dated July 8, 2026, was issued by Judge Timothy M. Reif. The court found the action arises from the same transactional facts as the earlier litigation, in which the plaintiff's score reached 73.75 percent, below the 75 percent passing score required by 19 C.F.R. § 111.11(a)(4).

Jun 17Wed
  1. CIT · Slip Opinions

    CIT grants default judgment against Franco Tire Distribution in Section 1592 penalty case

    The U.S. Court of International Trade granted the government's motion for default judgment against Franco Tire Distribution, Inc., a U.S. importer, in a civil penalty case under 19 U.S.C. § 1592, entering judgment of $55,882.98 plus interest in Slip Op. 26-66, Court No. 24-00161, dated June 17, 2026. The government alleged that Franco negligently omitted the antidumping case number A-570-040-000 and countervailing case number C-570-041-000 from entry summaries for two entries of truck and bus tires from China, and failed to pay estimated AD/CVD duties at importation. Franco later corrected the summaries and paid $27,941.49 in duties but did not pay the penalty of two times that amount.

Jun 9Tue
  1. CIT · Slip Opinions

    CIT denies summary judgment to LANXESS on classification of Axion CA 1330 catalyst mixture

    The U.S. Court of International Trade, in Slip Op. 26-58, Court No. 23-00073, denied LANXESS Corporation's motion for summary judgment and granted in part and denied in part the government's cross-motion on the classification of Axion CA 1330, a liquid mixture of toluene, methylaluminoxane and trimethylaluminum. The court weighed HTSUS subheading 3208.90.00 as a paint or varnish at 3.2% ad valorem, subheading 3815.19.00 as a supported catalyst at 0% (LANXESS's position), and subheading 3824.99.28 as a preparation of the chemical or allied industries at 6.5% (the government's position).

May 26Tue
  1. CIT · Slip Opinions

    CIT denies government motion to dismiss ICON EV's EAPA due process challenge

    The U.S. Court of International Trade held in Slip Op. 26-55, issued May 26, 2026, that it has subject matter jurisdiction under 28 U.S.C. § 1581(i) over ICON EV LLC's Fifth Amendment due process challenge to interim measures CBP imposed under the Enforce and Protect Act, and denied the government's motion to dismiss. The case, Court No. 26-02759, concerns interim measures CBP imposed on April 6, 2026 in EAPA Cons. Case 8247, requiring an over-500% duty rate and live entry cash deposits on ICON's imports of low-speed personal transportation vehicles from China. The court had granted ICON a preliminary injunction on April 24, 2026, effective April 30, 2026.

May 20Wed
  1. CIT · Slip Opinions

    CIT denies government motion to stay Section 122 tariff injunction pending appeal

    The U.S. Court of International Trade denied the government's motion to stay enforcement of its judgment pending appeal in Washington v. United States and Burlap and Barrel, Inc. v. United States, Slip Op. 26-53, Court Nos. 26-01472-3JP and 26-01606-3JP.

May 11Mon
  1. CIT · Slip Opinions

    CIT denies motion to backdate statutory injunction in Vietnamese honey antidumping case

    The U.S. Court of International Trade denied a motion by Bao Nguyen Honeybee Co., Ltd. and eight other Vietnamese exporters to amend the statutory injunction in Court No. 25-00085 nunc pro tunc so that it would be effective as of August 8, 2025, the date they first moved for an injunction. The court held that the Federal Circuit's Agro Dutch exception does not apply because the liquidation at issue is alleged to have occurred before the injunction was entered, not during a post-entry grace period, and the plaintiff-intervenors did not show that the parties or the court intended the injunction to cover entries liquidated before it took effect.

May 7Thu
  1. CIT · Slip Opinions

    CIT grants permanent injunction against Proclamation 11012 Section 122 import surcharge for two importers and Washington

    The U.S. Court of International Trade, in Slip Op. 26-47, granted summary judgment and entered a permanent injunction for The State of Washington, Burlap and Barrel, Inc. and Basic Fun, Inc. against duties imposed under Proclamation No. 11012, which invoked Section 122 of the Trade Act of 1974, 19 U.S.C. § 2312, to impose a temporary import surcharge of up to 15 percent ad valorem. The court dismissed without prejudice the claims of the remaining non-importer plaintiffs, including The State of Oregon and 21 other states and officials, for lack of standing, and denied as moot the plaintiffs' alternative motions for a preliminary injunction.

Apr 24Fri
  1. CIT · Slip Opinions

    CIT grants ICON EV preliminary injunction against CBP EAPA interim measures in LSPTV evasion case

    The U.S. Court of International Trade granted ICON EV LLC a preliminary injunction and temporary restraining order on April 24, 2026, in Court No. 26-02759, enjoining CBP's interim measures imposed under the Enforce and Protect Act during its EAPA investigation, EAPA Cons. Case 8247, into alleged evasion of the antidumping and countervailing duty orders on low-speed personal transportation vehicles from China. CBP had imposed the measures on April 6, 2026, finding reasonable suspicion of evasion by misclassification and transshipment through Vietnam, including suspension and extension of liquidation and a live-entry requirement at the 519.23 percent ad valorem all-others AD/CVD cash-deposit rate.

Apr 23Thu
  1. CIT · Slip Opinions

    CIT rules in Cyber Power Systems v. United States on classification of UPS cables and Section 301 duties

    The U.S. Court of International Trade held in Slip Op. 26-41, Court No. 21-00200, that Cyber Power Systems (USA) Inc.'s eight models of cables are properly classified under subheading 8544.42.90, HTSUS, and subheading 9903.88.03, HTSUS, but that the government is not entitled to collect the additional 2.6 percent ad valorem duty that would normally be due under subheading 8544.42.90.