Jacob Kopnick

The U.S. Court of Appeals for the Federal Circuit on Sept. 12 allowed the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations appear as an amicus in a case on the Commerce Department's use of the Cohen's d test to detect "masked" dumping. The committee filed the brief to respond to claims from other amici led by the Canadian government, which invoked various academic literature on the use of the test (see 2408230010) (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).

The Court of International Trade on Sept. 12 dismissed a customs penalty suit against Greenlight Organic and its owner Parambir Singh "Sonny" Aulakh after the parties filed a joint stipulation of dismissal. The parties told the court a settlement was reached in the case, which was filed in 2017 to address an alleged misclassification scheme carried out by the defendants (see 2409090056) (United States v. Greenlight Organic, CIT # 17-00031).

The EU General Court on Sept. 11 rejected the Russian National Settlement Depository's challenge to its listing on the Russian sanctions list. The court said that the European Council didn't fail to show that the depository, which provides financial services and securities record-keeping and custody services, plays an "essential role in the functioning of Russia's financial system."

The EU Court of Justice on Sept. 10 said the restriction on providing brokering services in relation to military equipment to parties in or for use in Russia applies even when the goods were never imported into an EU member state, according to an unofficial translation. The court said if this weren't the case, then the "prohibition could easily be circumvented" by shipping equipment on a route that didn't pass through EU territory.

The U.S. on Sept. 10 opposed importer Interglobal Forest's bid for attorney's fees after it prevailed in an antidumping and countervailing duty evasion case. The government said Interglobal can't be considered a "prevailing party" because the court's decision sustaining CBP's remand decision reversing its evasion finding didn't "materially alter the legal relationship of the parties" (Interglobal Forest v. United States, CIT # 22-00240).

Indonesia opened a safeguard investigation Sept. 9 covering polyethylene containing 5% or less alpha-olefin monomers in other than liquid/paste form, it told the World Trade Organization Sept. 11. Parties wishing to submit comments on the proceeding should submit a written request to do so within 15 days from the date of initiation to the investigating authority, the Indonesian Safeguards Committee said.

The following lawsuit was recently filed at the Court of International Trade:

Gal Haimovich, an Israeli national, pleaded guilty Sept. 9 to conspiracy to commit export control and smuggling violations for his part in a scheme to ship aircraft parts and avionics equipment from the U.S. to Russia, DOJ announced. Haimovich admitted to "deceiving U.S. companies about the true destination of the goods at issue" and attempting to hide the scheme by submitting false information in export documents submitted to the U.S. government.

China officially requested dispute consultations with Canada at the World Trade Organization Sept. 11 regarding Canada's upcoming tariffs on various Chinese goods (see 2409040007), including electric vehicles and steel and aluminum products, the WTO announced. If consultations have failed to settle the matter within 60 days, China can request a dispute panel.

The Court of International Trade on Sept. 11 granted a voluntary dismissal bid from conservation groups Sea Shepherd New Zealand and Sea Shepherd Conservation Society in their action seeking an import ban on fish from New Zealand's West Coast North Island inshore trawl and inshore set net fisheries under the Marine Mammal Protection Act.