Five importers challenging the tariffs imposed under the International Emergency Economic Powers Act told the U.S. Court of Appeals for the Federal Circuit that the government's defense of the tariffs' legality falls short. The importers, represented by the conservative advocacy group Liberty Justice Center, argued that IEEPA categorically doesn't provide for tariffs, IEEPA is precluded from being used to address trade deficits due to the existence of Section 122, and the Court of International Trade was right to issue an injunction against the tariffs (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
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The Court of International Trade on July 10 heard oral argument in importer Detroit Axle's case against President Donald Trump's decision to end the de minimis exemption for Chinese goods. Judges Gary Katzmann, Timothy Reif and Jane Restani pressed counsel for both the U.S. and the importer on whether the International Emergency Economic Powers Act enables the president to take such action, given the specific language at play in both IEEPA and 19 U.S.C. 1321, the de minimis statute (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
The U.S. District Court for the District of Columbia on July 11 upheld Chinese lidar company Hesai Technology's designation as a "Chinese military company." Judge Paul Friedman waded through issues of statutory interpretation regarding the Pentagon's definition of the phrase "military-civil fusion contributor to the Chinese defense industrial base" and DOD's evidentiary basis for finding that this phrase describes Hesai (Hesai Technology v. U.S. Dep't of Def., D.D.C. # 24-01381).
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James Treanor, former attorney-adviser in the Office of Foreign Assets Control's chief counsel's office, has joined Akin as a senior counsel, he announced on LinkedIn. Treanor will help clients with international trade and national security-related regulatory and enforcement issues, including those related to sanctions and export controls. He left OFAC in June.
Adam Szubin, former head of the Treasury Department’s Office of Terrorism and Financial Intelligence and director of the Office of Foreign Assets Control, has joined Covington, where he will work on sanctions, export controls, money laundering and investment security issues. Szubin, who mostly served in the George W. Bush and Obama administrations, was most recently a lawyer with Sullivan & Cromwell.
Scott Wise, former assistant general counsel for global trade at Microsoft, has joined Crowell & Moring as a partner in the international trade group, the firm announced. At Microsoft, Wise was the lead attorney on economic sanctions and outbound investment issues regarding emerging technologies, such as AI and quantum computing, the firm said.
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