United States Government Publishing Office publisher pbl distributor dst United States United States Court of International Trade author aut Government Organization text government publication eng USCOURTS Judicial Publications judicial 2023-07-16 Administrative Office of the United States Courts 2023-07-13 monographic deposited born digital JU 9.5: https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-00045 P0b002ee1bf7332ac DGPO 2023-07-16 2023-07-16 USCOURTS-cit-1_20-cv-00045 machine generated eng fdlp USCOURTS USCOURTS-cit-1_20-cv-00045 National cit Federal 4004 1:20-cv-00045 New York civil 1581i Residual Jurisdiction 1:20-cv-00045 https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-00045 JU 9.5: 1:20-cv-00045;1:20-cv-00045 United States Court of International Trade Federal Circuit New York U.S. Courts author aut American Steel Nail Coalition American Steel Nail Coalition Proposed Defendant-Intervenor Huttig Building Products, Inc. Huttig Building Products, Inc. Counter Defendant Huttig Building Products, Inc. Huttig Building Products, Inc. Plaintiff Huttig, Inc. Huttig, Inc. Counter Defendant Huttig, Inc. Huttig, Inc. Plaintiff Kyocera Corporation Kyocera Corporation Proposed Defendant-Intervenor Kyocera Senco Industrial Tools, Inc. Kyocera Senco Industrial Tools, Inc. Proposed Defendant-Intervenor Legacy Fasteners Co., Ltd. Legacy Fasteners Co., Ltd. Proposed Defendant-Intervenor Legacy Fasteners, LLC Legacy Fasteners, LLC Proposed Defendant-Intervenor Mid Continent Steel & Wire, Inc. Mid Continent Steel & Wire, Inc. Proposed Defendant-Intervenor Mark A. Morgan Morgan Mark Defendant Wilbur L. Ross Jr. Ross Wilbur Jr. Defendant Speciality Nail Company Speciality Nail Company Proposed Defendant-Intervenor Tree Island Wire (USA) Inc. Tree Island Wire (USA) Inc. Proposed Defendant-Intervenor Donald J. Trump Trump Donald Defendant United States United States Defendant United States Customs and Border Protection United States Customs and Border Protection Defendant United States Department of Commerce United States Department of Commerce Defendant USCOURTS USCOURTS-cit-1_20-cv-00045 National cit Federal 4004 1:20-cv-00045 New York civil 1581i Residual Jurisdiction Order entered on 6/10/2021,Slip opinion: 21-72. Denying defendants' motion to dismiss, awarding summary judgment to plaintiffs on Count I of their respective complaints, and dismissing the remaining counts of each of plaintiffs' complaints. Judge Baker files a separate opinion concurring in part and dissenting in part. We will enter judgment in substantially the form as set forth in plaintiffs' unopposed draft order.(Love, Cynthia) 0 2021-06-10 D09002ee1bf7339a2 https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-00045/USCOURTS-cit-1_20-cv-00045-0 cit-1_20-cv-00045_0.pdf https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-00045/USCOURTS-cit-1_20-cv-00045-0 https://www.govinfo.gov/content/pkg/USCOURTS-cit-1_20-cv-00045/pdf/USCOURTS-cit-1_20-cv-00045-0.pdf USCOURTS 1:20-cv-00045; Huttig Building Products, Inc. et al v. United States et al; United States Court of International Trade USCOURTS-cit-1_20-cv-00045-0 0 2021-06-10 Order entered on 6/10/2021,Slip opinion: 21-72. Denying defendants' motion to dismiss, awarding summary judgment to plaintiffs on Count I of their respective complaints, and dismissing the remaining counts of each of plaintiffs' complaints. Judge Baker files a separate opinion concurring in part and dissenting in part. We will enter judgment in substantially the form as set forth in plaintiffs' unopposed draft order.(Love, Cynthia) Order entered on 10/15/2021, Slip-Op. 21-144: Ordering a stay pending appeal and related measures. ORDERED that Defs.' Mot. for Stay of J. to Maintain the Status Quo Ante Pending Appeal (Aug. 9, 2021), ECF No. 111 (conf.), (Oct. 14, 2021), ECF No. 119 (public), be, and hereby is, granted in part and denied in part; it is further ORDERED that the order of this Court to liquidate the entries subject to this litigation and to refund with interest any deposits of estimated duties under Proclamation 9980 made by Oman and Huttig, as stated in the Judgment entered on June 10, 2021, be, and hereby is, stayed pending the appeal of that Judgment before the United States Court of Appeals for the Federal Circuit; it is further ORDERED that defendants be, and hereby are, enjoined, through the pendency of the appeal, from liquidating the entries affected by this litigation; it is further ORDERED that defendants shall confer with Oman and Huttig with the objective of reaching, and entering into, an agreement with Oman and an agreement with Huttig on monitoring and such bonding for entries of merchandise within the scope of Proclamation 9980 that have occurred, and will occur, on or after June 10, 2021, as is reasonably necessary to secure potential liability for duties and fees, including potential liability for duties under Proclamation 9980; in the event of failure to reach agreement, the involved parties shall file a joint status report with the court no later than November 1, 2021; and it is further ORDERED that this Order shall remain in effect until issuance of a mandate of the United States Court of Appeals for the Federal Circuit in the pending appeal of the Judgment entered by the court in this litigation. (related document(s)36, 37, 35). (Chien, Jason) 1 2021-10-15 D09002ee1bf7339a0 https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-00045/USCOURTS-cit-1_20-cv-00045-1 cit-1_20-cv-00045_1.pdf https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-00045/USCOURTS-cit-1_20-cv-00045-1 https://www.govinfo.gov/content/pkg/USCOURTS-cit-1_20-cv-00045/pdf/USCOURTS-cit-1_20-cv-00045-1.pdf USCOURTS 1:20-cv-00045; Huttig Building Products, Inc. et al v. United States et al; United States Court of International Trade USCOURTS-cit-1_20-cv-00045-1 1 2021-10-15 Order entered on 10/15/2021, Slip-Op. 21-144: Ordering a stay pending appeal and related measures. ORDERED that Defs.' Mot. for Stay of J. to Maintain the Status Quo Ante Pending Appeal (Aug. 9, 2021), ECF No. 111 (conf.), (Oct. 14, 2021), ECF No. 119 (public), be, and hereby is, granted in part and denied in part; it is further ORDERED that the order of this Court to liquidate the entries subject to this litigation and to refund with interest any deposits of estimated duties under Proclamation 9980 made by Oman and Huttig, as stated in the Judgment entered on June 10, 2021, be, and hereby is, stayed pending the appeal of that Judgment before the United States Court of Appeals for the Federal Circuit; it is further ORDERED that defendants be, and hereby are, enjoined, through the pendency of the appeal, from liquidating the entries affected by this litigation; it is further ORDERED that defendants shall confer with Oman and Huttig with the objective of reaching, and entering into, an agreement with Oman and an agreement with Huttig on monitoring and such bonding for entries of merchandise within the scope of Proclamation 9980 that have occurred, and will occur, on or after June 10, 2021, as is reasonably necessary to secure potential liability for duties and fees, including potential liability for duties under Proclamation 9980; in the event of failure to reach agreement, the involved parties shall file a joint status report with the court no later than November 1, 2021; and it is further ORDERED that this Order shall remain in effect until issuance of a mandate of the United States Court of Appeals for the Federal Circuit in the pending appeal of the Judgment entered by the court in this litigation. (related document(s)36, 37, 35). (Chien, Jason) Order entered on 7/13/2023 Slip-Op. 23-102: ORDERED that Plaintiffs' claims against the President of the United States be, and hereby are, dismissed without prejudice; it is further ORDERED that Plaintiffs' Motion for Summary Judgment With Respect to Count 1 of Plaintiffs' Complaint (Apr. 14, 2020), ECF No. 65, be, and hereby is, denied; it is further ORDERED that pursuant to USCIT Rule 56.1, judgment be, and hereby is, entered for Defendants United States, the Department of Commerce, Secretary of Commerce Gina Raimondo, U.S. Customs and Border Protection Troy A. Miller; and it is further ORDERED that entries affected by this litigation shall be liquidated in accordance with decision of the Court of Appeals in Oman Fasteners, LLC, Huttig Building Products, Inc., Huttig, Inc. v. United States, 59 F.4th 1255 (Fed. Cir. 2023). (related document(s)38, 34) (Hugh, Lewis) 2 2023-07-13 D09002ee1bf7339a1 https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-00045/USCOURTS-cit-1_20-cv-00045-2 cit-1_20-cv-00045_2.pdf https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-00045/USCOURTS-cit-1_20-cv-00045-2 https://www.govinfo.gov/content/pkg/USCOURTS-cit-1_20-cv-00045/pdf/USCOURTS-cit-1_20-cv-00045-2.pdf USCOURTS 1:20-cv-00045; Huttig Building Products, Inc. et al v. United States et al; United States Court of International Trade USCOURTS-cit-1_20-cv-00045-2 2 2023-07-13 Order entered on 7/13/2023 Slip-Op. 23-102: ORDERED that Plaintiffs' claims against the President of the United States be, and hereby are, dismissed without prejudice; it is further ORDERED that Plaintiffs' Motion for Summary Judgment With Respect to Count 1 of Plaintiffs' Complaint (Apr. 14, 2020), ECF No. 65, be, and hereby is, denied; it is further ORDERED that pursuant to USCIT Rule 56.1, judgment be, and hereby is, entered for Defendants United States, the Department of Commerce, Secretary of Commerce Gina Raimondo, U.S. Customs and Border Protection Troy A. Miller; and it is further ORDERED that entries affected by this litigation shall be liquidated in accordance with decision of the Court of Appeals in Oman Fasteners, LLC, Huttig Building Products, Inc., Huttig, Inc. v. United States, 59 F.4th 1255 (Fed. Cir. 2023). (related document(s)38, 34) (Hugh, Lewis)