Rulings, remedies and court proceedings for customs and trade professionals

Biography for Jacob Kopnick

Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.

Recent Articles by Jacob Kopnick

Trade Court Rejects Bid to Amend Complaint in EAPA Case, Says Motion Is Untimely and Futile

The Court of International Trade in a June 24 opinion denied plaintiff Dr. Bronner's Magic Soaps' move to amend its complaint in an Enforce and Protect Act evasion case to explicitly contest CBP's denial of its protests over the xanthan gum entries subject to the EAPA decision. Judge Gary Katzmann said that the motion was clearly untimely and futile, and found that the delay in filing the amended complaint was undue and that the plaintiff still fails to identify the protests it is contesting.Read More >>

Alaska District Court Allows Amicus Filing in Fight Over Injunction Relating to Jones Act Penalties Case

The U.S. District Court for the District of Alaska allowed logistics company Lineage Logistics Holding to file a second amicus brief in a case over Jones Act penalties in light of the U.S.'s motion to dissolve the injunction that bars CBP from issuing new Jones Act penalties. Lineage Logistics filed the brief to back plaintiffs Kloosterboer International Forwarding (KIF) and Alaska Reefer Management (ARM) in opposing the move, arguing that the grounds for the injunction remain in place in that the government has yet to comply with the law to provide adequate notice and comment related to its treatment of the Bayside Canadian Rail line for the purposes of granting an exception to the Jones Act (Kloosterboer International Forwarding v. United States, D. Alaska # 3:21-00198).Read More >>

Amended Complaint 'Vain Hope' to Save Fraud Claims Over Misclassified Metal Lids, Importer Argues

The U.S., in an amended complaint, continues to fail to show that importer Crown Cork & Seal (CCS) committed fraud or gross negligence over misclassified metal lid imports, the importer argued in a June 22 motion to dismiss at the Court of International Trade. Seeking again to have the trade court toss the U.S.'s first two counts in the case, CCS said the amended complaint doesn't provide any new facts that can revive the two counts which Judge M. Miller Baker already dismissed (U.S. v. Crown Cork & Seal, CIT #21-00361).Read More >>

Haitian Businessmen Seeks Dismissal of FCPA Case Over Destroyed Evidence, US Counters

Richard Boncy, a businessman and former Haitian ambassador-at-large charged in a Foreign Corrupt Practices Act bribery scheme, moved to dismiss the case on the grounds that the U.S. destroyed potentially exculpatory evidence. Filing the motion in the Massachusetts U.S. District Court, Boncy, joined by co-defendant and Haitian-American businessman Joseph Baptiste, said that the government's move to destroy the evidence -- a disk allegedly containing recordings of two calls with an undercover FBI agent -- "severely abrogates Mr. Boncy's constitutional rights" (United States v. Roger Richard Boncy, D. Mass. #17-10305).Read More >>

Trade Court Denies Injunction Bid on Cash Deposits, Says Exporter Unlikely to Suffer Irreparable Harm

The Court of International Trade in a June 17 opinion denied exporter Shanghai Tainai Bearing's and importer C&U Americas' bid for an injunction against cash deposits at the antidumping duty rate decided in the 2019-20 review of the AD order on tapered roller bearings from China. Judge Stephen Vaden said that the plaintiffs failed to establish a likelihood to succeed on the merits or suffer irreparable harm and that the balance of equities and public interest favored the U.S. government.Read More >>