The U.S. District Court for the Southern District of New York on Jan. 3 dismissed a False Claims Act suit against Amazon, which alleged that the online retail giant conspired with Chinese manufacturers to avoid paying fees and tariffs on fur products. Judge Edgardo Ramos held that importer Henig Furs, the company that brought the suit on behalf of the U.S., failed to adequately allege that Amazon knowingly violated the FCA or was engaged in a conspiracy to violate the statute (United States, ex rel. Mike Henig v. Amazon.com, S.D.N.Y. # 19-05673).
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The U.S. Court of Appeals for the Federal Circuit on Jan. 16 denied exporter Koehler Oberkirch's petition for writ of mandamus, which sought to have the appellate court review the Court of International Trade's decision that the government could effect service on the company via its U.S. counsel. Judges Timothy Dyk, Tiffany Cunningham and Leonard Stark said Koehler failed to meet the "demanding standard" for granting mandamus relief (In Re Koehler Oberkirch, Fed. Cir. # 25-106).
The Court of International Trade on Jan. 16 said the Korean government's full allotment of carbon emissions credits to exporter Hyundai Steel Co. is de jure specific. Judge M. Miller Baker issued a decision in a pair of cases on the issue, finding that the conditions for eligibility for the additional credits aren't neutral and are based on "the substantive character" of the company's "operations."
The Commerce Department defended its finding that currency undervaluation in Vietnam is specific to the traded goods sector, submitting remand results to the Court of International Trade on Jan. 15. The agency addressed various points the trade court sent back for further explanation, including Commerce's statutory authority for its specificity finding and the information the agency found missing from the record as its basis for using facts available (Kumho Tire (Vietnam) Co. v. United States, CIT Consol. # 21-00397).
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Former International Trade Commissioner chair and current commissioner Rhonda Schmidtlein will join WilmerHale as a partner in the international trade, investment and market access practice group, the firm announced. The ITC, in a concurrent press release, said the commissioner will step down Feb. 1. Schmidtlein was confirmed to the ITC in 2014, previously serving as chair for 17 months in 2017-18.
Ryan Majerus, former acting assistant secretary for enforcement and compliance at the Commerce Department, has joined King & Spalding as a partner in the international trade practice, the firm announced. Majerus has held various positions in the U.S. government, including senior policy adviser for supply chains at the White House National Economic Council and assistant general counsel in the Office of the U.S. Trade Representative.
International trade attorney Moushami Joshi has joined Husch Blackwell as senior counsel, Joshi announced on LinkedIn. She joins the firm from Pillsbury Winthrop, where she worked as an attorney for over 10 years. Prior to working at Pillsbury in Washington, Joshi worked as an international trade partner at L&L Partners in India.
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