A protest of a CBP decision must be filed within 180 days of liquidation and not the date the Commerce Department issues antidumping and countervailing duty instructions to CBP or the date CBP denies an importer's refund request, the U.S. Court of Appeals for the Federal Circuit held in a Feb. 6 opinion. Upholding a Court of International Trade decision, judges Timothy Dyk, Richard Taranto and Todd Hughes dismissed a case from importer Acquisition 362, doing business as Strategic Import Supply, that challenges a CBP assessment of countervailing duties, on the grounds that the company failed to file a protest.
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
While CBP rulings on country of origin show there are ways to keep China in the supply chain and still avoid Section 301 tariffs, Thompson Hine attorneys, during a webinar on what to expect in trade in 2023, said that if your product is auto parts, electric vehicle battery components, chemicals, pharmaceuticals or critical minerals, your chance of avoiding tariffs or other regulatory restrictions is not great.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 23-29:
The following lawsuits were filed at the Court of International Trade during the week of Jan. 16-22:
The following lawsuits were filed at the Court of International Trade during the week of Jan. 9-15:
The following lawsuits were filed at the Court of International Trade during the week of Jan. 3-8:
The Court of International Trade in a Jan. 9 opinion denied the New Zealand government's bid to delay a preliminary injunction barring the import of certain fish taken from New Zealand's West Coast North Island multispecies set-net and trawl fisheries into the U.S. The New Zealand government requested the temporary stay of the PI to set up a traceability system that would help the govenrment identify the fish subject to the injunction. Judge Gary Katzmann said that the need to set up this system does not constitute a changed circumstance that would permit the modification of the PI.
The following lawsuits were filed at the Court of International Trade during the week of Dec. 26 - Jan. 1:
The following lawsuits were filed at the Court of International Trade during the week of Dec. 19-25:
Cannabis and cannabis accessory importers now have a "strong legal argument with potentially broad applications to challenge CBP's seizures" of marijuana paraphernalia in light of two recent Court of International Trade decisions, Harris Bricken lawyer Adams Lee said in a Dec. 16 blog post. Both cases involved the question of whether an importer could enter marijuana-related drug paraphernalia into Washington state, given that marijuana was made legal at the state level but remained illegal federally. Lee said that given how the opinions were structured, a state law repealing a past prohibition on such products "could be enough of an 'authorization' by the state law to block the federal prohibition on importing drug paraphernalia."