Importer Moves for Expedited Briefing in CIT Case Over Ability to Import Sea Bass
Fish importer Southern Cross Seafoods on Nov. 21 moved for an expedited briefing schedule and consideration of its case at the Court of International Trade concerning its application for preapproval to import Chilean sea bass. Southern Cross said that failure to expedite the case would deprive the importer of all its U.S. sales in the coming year as it is unable to import and sell Chilean sea bass until the embargo on its imports is lifted. Further, the fish imports are perishable goods, so Southern Cross said it needs a decision by March 2023 to have any meaningful relief (Southern Cross Seafoods v. United States, CIT #22-00299).
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Southern Cross imports Patagonian toothfish, referred to as Chilean sea bass, fished in Subarea 48.3 of the South Georgia fishery in the Atlantic Ocean. It submitted an application to import fish taken from this area. Under U.S. law, it is only illegal to import any Antarctic marine living resource "harvested in violation of a conservation measure in force with respect to the United States pursuant to article IX of the [CAMLR] [the Conservation of Antarctic Marine Living Resources] Convention or in violation of any regulation promulgated under this title," Southern Cross said, citing 16 U.S.C. § 2435(3).
In 2021, Russia unilaterally blocked the imposition of a catch limit and other fishery-specific measures from being set by the CCAMLR Commission for the 2021-2022 fishing season for Subarea 48.3, the importer said. In the absence of a CCAMLR Commission measure establishing a catch limit and other requirements, the CCAMLR Commission does not prohibit fishing for toothfish in this area, Southern Cross argued.
Nevertheless, the U.S. denied Southern Cross' preapproval application for the toothfish, saying the fish were "harvested in contravention of CCAMLR CM 31-01." The importer took to the trade court to argue that the denial was made in error, given that the U.S. failed to show that the fish was harvested or exported in violation of any CCAMLR conservation measure in force as required by U.S. law (see 2210140029).
Southern Cross now moves for expedited briefing and resolution in the case, arguing that if the case is not sped along, it will lose out on all U.S. sales and not be able to use the fish it catches. "Therefore, expedited treatment of this case is vital to ensure that Southern Cross is not completely barred from importing toothfish from Subarea 48.3 into the United States during the next fishing season and, possibly, beyond," the brief said. Southern Cross also said that public interest in stopping an embargo on the sea bass "is particularly strong." The public is not able to buy the fish and "has a strong interest in proper and accurate enforcement of U.S. law," the plaintiff said.
Southern Cross only filed for expedited briefing of its own submissions and for consideration of the case, not for the U.S.'s briefs.