U.S. Court of International Trade - Slip opinions for January 28 - February 1 

For an electronic version of text of the slip opinions, click on the direct hyperlink to the court’s website, as provided below:

• Wuxi Seamless Oil Pipe Co., Ltd. v. United States, Slip Op. 13-16 (CIT February 1, 2013): A Chinese producer of certain oil country tubular goods contested a Commerce decision not to rescind an ongoing periodic administrative review of a countervailing duty order on the subject merchandise. The court found that the Chinese producer failed to demonstrate factually that the remedy available under 19 U.S.C. § 1516a would be inadequate and, therefore, dismissed the action for lack of jurisdiction.
  
  Read the opinion: 13-16 [PDF 57 KB]



• Corning Gilbert Inc. v. United States, Slip Op. 13-15 (CIT February 1, 2013): Issues in summary judgment proceedings before the court in plaintiff’s action contesting exclusion of imports of coaxial cable connectors from the United States include (1) whether an HQ Ruling, which was the basis for Customs’ denial of plaintiff’s protest, warrants any deference; (2) the proper claim construction for contested terms found in a patent; and (3) whether application of the patent applied to the excluded connectors. The court found that the excluded connectors were improperly excluded from entry. Therefore, plaintiff’s motion for summary judgment was granted.
  
  Read the opinion: 13-15 [PDF 485 KB]



• Giorgio Foods, Inc. v. United States, Slip Op 13-14 (CIT January 30, 2013): The court denied the plaintiff’s challenge of a decision by the International Trade Commission (ITC) and the Customs and Border Protection to deny benefits under the Continued Dumping and Subsidy Offset Act of 2000 (“Byrd Amendment”) concerning certain preserved mushrooms imported from Chile, China, India, and Indonesia, and request for a stay of the proceedings pending the outcome of two Byrd Amendment-related cases pending before the Federal Circuit.
  
  Read the opinion: 13-14 [PDF 22 KB]



• The Pomeroy Collection, Ltd. v. United States, Slip Op. 13-13 (CIT 28 January 2013): A case concerning the tariff classification of 16 articles of glass merchandise imported from Mexico. See TaxNewsFlash-Trade & Customs: Tariff classification - Summary judgment for government on glass merchandise imported from Mexico
  
  Read the opinion: 13-13 [PDF 82 KB]

The following “confidential opinion” was publicly released:

• Former Employees of Western Digital Techs., Inc. v. U.S. Sec'y of Labor, Slip Op. 12-155 (CIT December 21, 2012, public version posted January 30, 2013): This opinion concerns review of a negative determination by the U.S. Labor Department regarding eligibility for benefits under the federal Trade Adjustment Assistance program. Because the agency’s negative determination is supported by a reasonable reading of the administrative record, the determination is affirmed.
  
  Read the opinion: 12-155 [PDF 53 KB]

For more information, contact a professional with KPMG’s Trade & Customs practice:

Douglas Zuvich

(312) 665-1022

Andrew Siciliano

(631) 425-6057

John L. McLoughlin

(267) 256-2614

Todd R. Smith

(949) 885-5617

Luis A. Abad

(212) 954-3094

Amie Ahanchian

(202) 533-3247

Or your local KPMG Trade & Customs professional.