Surety company Aegis Security Insurance moved the Court of International Trade on June 30 to dismiss the government's case looking to collect duties that have gone unpaid on entries of garlic imported in 2002. Aegis said the six-year statute of limitations to file such a claim runs from the date of liquidation of the underlying entries, arguing that two CIT judges have held as much and that the collections statute, 19 U.S.C. Section 1505, compels such a finding (United States v. Aegis Security Insurance, CIT # 25-00051).
The America First Legal Foundation, an advocacy group aligned with President Donald Trump, argued that the U.S. District Court for the District of Columbia got the question of the Court of International Trade's jurisdiction wrong in a case on the legality of tariffs imposed under the International Emergency Economic Powers Act. Filing an amicus brief at the U.S. Court of Appeals for the D.C. Circuit, the foundation provided an alternative basis for the appellate court to find that the case belongs at CIT: IEEPA provides for embargoes for reasons other than the "protection of the public health or safety" (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
CBP's decision to substitute the International Labor Organization indicators of forced labor for the "statutory definition of forced labor" is "arbitrary and capricious" and exceeds the agency's statutory authority, exporter Kingtom Aluminio argued. Filing a reply in support of its motion for judgment to the Court of International Trade on June 30, Kingtom argued that while CBP can use the ILO indicators "as part of its framework for determining if forced labor exists," it can't wholesale swap the indicators for the term's statutory definition (Kingtom Aluminio v. United States, CIT # 24-00264).
The Court of International Trade in a decision made public July 2 sustained the Commerce Department's decision on remand to find that antidumping duty respondent Louis Dreyfus Company Sucos and an unnamed supplier, referred to as "Supplier A," are neither affiliates nor partners. Judge Claire Kelly said the parties aren't affiliates, since neither party is reliant on the other nor controls the other, nor are they partners, since the companies aren't involved in a "cooperative business endeavor in which they share risk and reward."
The U.S. Court of Appeals for the Federal Circuit on June 30 issued its mandate in an appeal related to the 2019-20 review of the antidumping duty order on activated carbon from China. The court issued its decision in the case concurrently with a decision on the 2018-19 review of the same order, though appellants in the 2018-19 review case recently filed a motion for reconsideration regarding alleged legal errors committed by the court during its review (see 2506250040). No such motion for reconsideration was filed in the appeal on the 2019-20 review, which concerned respondent Carbon Activated Tianjin's challenge to the Commerce Department's use of Malaysian import data under Harmonized Tariff Schedule subheading 4402.90.1000, which covers coconut-shell charcoal, as the surrogate value for coal-based carbonized material, an input of activated carbon, among other issues (see 2505090048) (Carbon Activated Tianjin Co. v. United States, Fed. Cir. # 23-2413).
The U.S. Court of Appeals for the Federal Circuit on June 30 issued its mandate in a customs case on the classification of 14 mixtures of frozen fruits and vegetables. In May, the appellate court upheld the Court of International Trade's classification of the mixtures under Harmonized Tariff Schedule subheading 0811.90.80, the residual category for "other" frozen fruit (see 2505090024). The court held that the fruit ingredients give the mixtures their "essential character," making heading 0811 the proper heading for the products (Nature's Touch Frozen Foods (West) v. United States, Fed. Cir. # 23-2093).
CBP unlawfully excluded importer Agri Spray Drones' entries of drone controllers without explanation, the importer argued in a June 30 complaint at the Court of International Trade (Agri Spray Drones v. United States, CIT # 25-00141).
The Commerce Department on June 30 reversed its finding that the Moroccan government's tax fine and penalty reduction program is de facto specific, slightly lowering respondent OCP's countervailing duty rate. Commerce said in light of the Court of International Trade's decision rejecting its de facto specificity analysis, it's finding, under respectful protest, that the program isn't de facto specific (The Mosaic Co. v. United States, CIT Consol. # 23-00246).
The U.S. District Court for the Northern District of California erred in finding that the Court of International Trade has exclusive jurisdiction to hear the State of California's lawsuit against the legality of the tariffs imposed under the International Emergency Economic Powers Act, California argued in its opening brief before the U.S. Court of Appeals for the 9th Circuit. Among other things, California argued that its suit "arises out of" IEEPA, the substantive law "giving rise to the claims," and not President Donald Trump's executive orders implementing the tariffs, as the district court held (State of California v. Donald J. Trump, 9th Cir. # 25-3493).
Mayur Patel, former chief international trade counsel to the chair of the Senate Finance Committee, has joined Hogan Lovells as a partner in the international trade and investment practice, the firm announced. As a Senate staffer, Patel played a key role in overseeing "major Trump-era trade measures," the firm said. Prior to joining the Senate, Patel worked as associate general counsel in the Office of the U.S. Trade Representative.