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Trade Litigation & Decisions

Trade decisions of the U.S. CIT and CAFC: challenges to the legality of tariff measures, judicial review of AD/CVD determinations, refunds and retroactive application, and what a decision means for goods in transit and entries already made. Canadian decisions are under "CITT & Canadian Federal Courts".

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Oct 1Thu
  1. Federal Register · USITC62

    USITC finds Section 337 violation on storage containers and toolboxes, issues exclusion and cease and desist orders

    The U.S. International Trade Commission determined to find a violation of section 337 of the Tariff Act of 1930 with respect to U.S. Patent Nos. 11,365,026 and 11,794,952 covering certain storage containers and toolboxes, organizers, component boxes and coolers, and set the remedy as a limited exclusion order and a cease and desist order on those patents. The Commission set a bond of 18% of entered value for covered articles imported or sold during the period of Presidential review. It has not reached a final determination on U.S. Patent No. 11,952,167, and extended the target date for completion of the investigation to November 2, 2026.

    Why it matters: Entries of the covered storage containers, toolboxes, organizers, component boxes and coolers that are subject to the limited exclusion order face an 18% bond on entered value during the period of Presidential review.

Sep 23Wed
  1. Federal Register · USITC60

    USITC finds Section 337 violation on boiler protection for absorption refrigeration systems, issues general exclusion order

    The U.S. International Trade Commission found a violation of section 337 of the Tariff Act of 1930 in its final determination on certain boiler protection for absorption refrigeration systems and components thereof, and issued a general exclusion order prohibiting importation of goods that infringe claims 1, 4, 6, and 10 of U.S. Patent No. 8,056,360. The Commission also issued cease and desist orders against the defaulting respondents and terminated the investigation.

    Why it matters: Importers of boiler protection for absorption refrigeration systems and components thereof that infringe claims 1, 4, 6, and 10 of U.S. Patent No. 8,056,360 are barred from importation under the general exclusion order.

Sep 8Tue
  1. Federal Register · USITC78

    USITC finds injury on hardwood and decorative plywood from China, Indonesia and Vietnam

    The USITC determined that a U.S. industry is materially injured by reason of imports of hardwood and decorative plywood (excluding all softwood structural plywood) from China, Indonesia and Vietnam, provided for in HTS subheadings 4412.10.05, 4412.31.06, 4412.31.26, 4412.31.42, 4412.31.45, 4412.31.48, 4412.31.52, 4412.31.61, 4412.31.92, 4412.33.06, 4412.33.26, 4412.33.32, 4412.33.57, 4412.34.26, 4412.34.32, 4412.34.57, 4412.39.40, 4412.39.50, 4412.41.00, 4412.42.00, 4412.51.10, 4412.51.31, 4412.51.41, 4412.51.51, 4412.52.10, 4412.52.31, 4412.52.41, 4412.91.06, 4412.91.10, 4412.91.31, 4412.91.41, 4412.92.07, 4412.92.11, 4412.92.31 and 4412.92.42, found by Commerce to be sold at less than fair value and subsidized.

    Why it matters: Importers of hardwood and decorative plywood from China, Indonesia and Vietnam covered by the listed HTS subheadings now face affirmative injury determinations in the final phase of the AD/CVD investigations, while the softwood structural plywood investigations were terminated on negligibility grounds.