Importer Cozy Comfort on Oct. 1 said that the government is seeking to exclude evidence offered by the importer in its tariff classification case that the government itself is looking to enter into evidence. Cozy Comfort said the U.S. "cannot have it both ways," adding that the government's motion to exclude the evidence "is riddled with self-serving arguments, wasting the Court's time" (Cozy Comfort Co. v. United States, CIT # 22-00173).
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
The Court of International Trade on Oct. 1 said court-led mediation in a suit from LE Commodities challenging 14 denied requests for exclusions from Section 232 steel and aluminum tariffs resulted in a "settlement of all issues." Judge Leo Gordon led the mediation. Counsel for LE Commodities didn't respond to a request for comment on the nature of the settlement (LE Commodities v. United States, CIT # 22-00245).
The U.S. Court of Appeals for the Federal Circuit on Oct. 1 appointed two new members to its advisory council and reappointed two sitting members, the court announced. Jeremiah Helm, partner at Knobbe Martens, and Patrick Keane, partner at Buchanan Ingersoll, were newly appointed to the council, while Mel Bostwick of Orrick Herrington and Goutam Patnaik of Desmarais were reappointed to the council. The terms run for three years.
The Council of the European Union on Oct. 2 appointed two new judges to the EU Court of Justice and seven new judges to the General Court. In addition, Andrea Biondi, professor of EU law at King's College London, was appointed advocate-general to the Court of Justice.
Australia extradited Chinese national Jin Guanghua to the U.S. last week to face charges that he, along with co-conspirators, took part in a scheme to sell tobacco in North Korea in violation of U.S. sanctions, DOJ announced. Jin made his initial appearance in a District of Columbia district court Sept. 30.
The U.S. on Sept. 30 told the U.S. Court of Appeals for the Federal Circuit that the Court of International Trade erred in rejecting its efforts to redact parts of the trade court's decision sustaining an International Trade Commission injury determination. The government said CIT "abused its discretion" in publicly disclosing information marked by the commission as business confidential (CVB, Inc. v. United States, Fed. Cir. # 24-1504).
The U.S. and Indian exporters led by Kisaan Die Tech Private Limited on Sept. 30 reached a settlement in pair of cases on the 2018-19 review of the antidumping duty order on stainless steel flanges from India (Kisaan Die Tech Private Limited v. United States, CIT Consol. # 21-00512).
The Court of International Trade on Oct. 1 ordered that an evidentiary hearing be held on Oct. 16 in a suit from importer Retractable Technologies on the Office of the U.S. Trade Representative's 100% Section 301 tariff hike on needles and syringes. The importer filed the suit to seek a temporary restraining order and a preliminary injunction on the duties, claiming the tariffs could send it out of business (see 2409270025) (Retractable Technologies v. United States, CIT # 24-00185).
The U.S. Court of Appeals for the Federal Circuit on Oct. 1 granted dismissal of government's appeal contesting the erroneous deemed liquidation of its goods that were subject to suspended liquidation. The Court of International Trade had ruled Fraserview didn't need a protest to file its suit (see 2401250039). CIT said that because the statute for deemed liquidation requires that the entries not be suspended, CBP's notices of deemed liquidation didn't operate to actually liquidate the entries. The U.S. appealed the decision but dropped the matter in a joint stipulation filed in September (see 2409060005) (Fraserview Remanufacturing v. U.S., Fed. Cir. # 24-2049).
The U.S. Court of Appeals for the Federal Circuit on Sept. 30 issued its mandate in an antidumping duty case brought by importer PrimeSource Building Products and exporter Cheng Ch International Co. The court held in its decision that the Commerce Department's use of only adverse facts available rates to set the rate for the non-individually examined respondents in antidumping proceedings, known as the "expected method," isn't presumptively unreasonable (see 2408070020) (PrimeSource Building Products v. United States, Fed. Cir. # 22-2128).