The U.S. Court of Appeals for the D.C. Circuit on June 11 told the parties in the appeal concerning tariffs under the International Emergency Economic Powers Act to file motions governing future proceedings in the appeal within 14 days of the U.S. Court of Appeals for the Federal Circuit's stay of the Court of International Trade's decision to vacate all IEEPA tariff action pending appeal. Parties in the D.C. Circuit case agreed to an expedited briefing schedule in the appeal, prompting the court's instruction to set a briefing schedule. The parties' proposed schedules are due 14 days after June 10, which is the date the Federal Circuit stayed the CIT ruling (see 2506100076) (Learning Resources v. Trump, D.C. Cir. # 25-1248).
Eteros Says Declaratory Relief Needed to Thwart 'Retaliatory' Action Against Successful CIT Litigant
Importer Eteros Technologies USA last week defended the notion that the Court of International Trade has jurisdiction to hear the company's case alleging that CBP illegally retaliated against the company for its success before the trade court. Eteros said CBP's claimed basis for taking the allegedly retaliatory action against Eteros and its executives, that the company is "aiding and abetting narcotics trafficking," is "factually baseless" and "legally impermissible" in light of the trade court's ruling in Eteros' past case before CIT (Eteros Technologies USA v. United States, CIT # 25-00036).
Litigants in the appeal before the U.S. Court of Appeals for the Federal Circuit on tariff action taken under the International Emergency Economic Powers Act filed a proposed briefing schedule before the appellate court that would conclude briefing by July 18 (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).
DOJ's Office of the Deputy Attorney General released new guidance for Foreign Corrupt Practices Act enforcement after President Donald Trump earlier this year paused FCPA enforcement to come up with new enforcement guidelines (see 2502120051). The memo laid out criteria for future FCPA cases and said prosecutors should prioritize the following four factors: the "total elimination of cartels and transnational criminal organizations," "safeguarding fair opportunities for U.S. companies," advancing U.S. national security and investigations of "serious misconduct."
DOJ announced last week that it opened a civil forfeiture action in the U.S. District Court for the District of Columbia against more than $7.74 million allegedly laundered on behalf of the North Korean government. The funds were initially "restrained" as part of an indictment against North Korean banker Sim Hyon Sop, who was allegedly conspiring with North Korean information technology workers who illegally "amassed millions in cryptocurrency" as a means of evading sanctions on North Korea, DOJ said.
The U.S. Court of Appeals for the Federal Circuit on June 11 stayed the Court of International Trade's directives in two cases concerning the International Trade Commission's redaction of certain business proprietary information. In addition, the appellate court designated the lawsuits as "companion cases" to be heard by the same merits panel and appointed Alex Moss, executive director at the Public Interest Patent Law Institute, to be amicus counsel to defend the trade court's rulings (In Re United States, Fed. Cir. #s 24-1566, 25-127).
The Court of International Trade on June 11 held that the government's claim for unpaid duties against a surety company on an entry liquidated in 2009 violates both the statute of limitations for seeking payment and an implied requirement in the bond that demand for payment be made in a reasonable time.
The U.S. Court of Appeals for the Federal Circuit's stay of the Court of International Trade decision vacating all International Emergency Economic Powers Act tariff action likely doesn't signal a win for either side on the merits of the issue, various attorneys told us. In addition, the court's move to set a July 31 oral argument date and have all active judges hear the case indicates a decision will likely be issued in August, the attorneys said.
A Chinese national pleaded guilty on June 9 to illegally exporting firearms, ammunition and "other military items" to North Korea by hiding them inside shipping containers leaving a California port, DOJ announced. Shenghua Wen admitted to one count of conspiracy to violate the International Emergency Economic Powers Act and one count of acting as an illegal agent of a foreign government.
Importer AB Specialty Silicones' launched another case at the Court of International Trade to contest CBP's classification of its specialty silicone chemicals as organic-silicone compounds instead of as silicone compounds or organo-inorganic compounds. In a June 4 complaint, AB challenged the classification of one entry of its silicone compounds, arguing that it should only pay 3.7% duties for the product under Harmonized Tariff Schedule subheading 2910.90.9051 or 3% under subheading 3910.00.0000 (AB Specialty Silicones v. United States, CIT # 25-00099).