The following lawsuits were filed at the Court of International Trade during the weeks of Dec. 5-11 and Dec. 12-18:
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.
The National Marine Fisheries Service is working with CBP and the government of New Zealand to deploy a sudden ban on imports of certain fish from the country in response to an order from the Court of International Trade (see 2211280053), it said in a notice released Dec. 16 outlining the new restrictions.
The Commerce Department’s recent preliminary determination that Southeast Asian solar cells and panels are circumventing antidumping and countervailing duties (see 2212020064) left several questions unanswered, and lawyers for the Solar Energy Industries Association hope the agency will clarify these issues as the case proceeds to its final determinations, they said during a webinar Dec. 13.
Importer Sun Ray Group and its owner, Jihua "Mike" Liu, face over $15 million in penalties for alleged fraud and lying on customs forms and underpayment duties on vegetable entries. A complaint at the Court of International Trade filed Dec. 6 by the DOJ says that Liu and Sun Ray avoided duties on 216 entries of dried and dehydrated garlic, onion and other vegetables, and also owe nearly $2 million in unpaid duties (United States v. Jihua "Mike" Liu, CIT #22-00330).
DOJ briefs in the massive Section 301 litigation don't demonstrate that the Office of the U.S. Trade Representative considered "major objections contemporaneously with its decisions" to impose the lists 3 and 4A tariffs, the plaintiffs argued in a Dec. 5 reply brief at the Court of International Trade. While USTR relies on presidential direction as the post hoc justification of its decisions, the court already ruled that out as a means of satisfying the Administrative Procedure Act, the brief said. To now satisfy the APA, the U.S. may take new action, but the lists 3 and 4A tariffs may not stay in place based on "conclusory and post hoc rationales," the plaintiffs said (In Re Section 301 Cases, CIT #21-00052).
The following lawsuits were filed at the Court of International Trade during the weeks of Nov. 21-27 and Nov. 28 - Dec. 4:
CBP is imposing “immediate import restrictions on fish and fish products from the New Zealand inshore set net and trawl fisheries deployed in the range of the Maui dolphin” to implement a Court of International Trade injunction issued Nov. 28 (see 2211280053), the agency said in a CSMS message. “To effectuate the court order, snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, mullet, and gurnard fish and fish products imported into the United States” under a set of Harmonized Tariff Schedule subheadings listed in the CSMS message and “caught with a set net or trawl within the Maui dolphin range, are prohibited from entry into the United States,” CBP said. The National Marine Fisheries Service “is working with Government of New Zealand to establish Certificate of Admissibility procedures and additional details will be published when available,” the message said.
CIT Bars Import of Certain Types of Fish From New Zealand, Says Conservation Group Likely to Succeed
The Court of International Trade on Nov. 28 blocked imports of certain fish taken from New Zealand's West Coast North Island multispecies set-net and trawl fisheries. In an opinion that cited renowned conservationist Rachel Carson, Judge Gary Katzmann found plaintiffs are likely to succeed in arguing two claims in the case seeking a Marine Mammal Protection Act ban on imports of fish and fishery products from New Zealand and caught using techniques that have caused the near extinction of the Maui dolphin, warranting the injunction. The injunction covers snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, mullet and gurnard from the New Zealand set-net and trawl fisheries.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 14-20:
The following lawsuits were filed at the Court of International Trade during the weeks of Oct. 31 - Nov. 6 and Nov. 7-13: