The U.S. on May 13 moved to dismiss a lawsuit challenging CBP's exclusion of two rubber tire entries, claiming that CIT has no jurisdiction because the entries were excluded at the behest of the Transportation Department's National Highway Traffic Safety Administration (NHTSA). As a result, the exclusions were not protestable decisions made by CBP, so the Court of International Trade had no subject matter jurisdiction under Section 1581(a) (Inspired Ventures v. United States, CIT # 24-00062).
German paper exporters Koehler Oberkirch and Koehler Paper on May 13 opposed the government's bid to serve the companies' U.S.-based counsel in a separate case, claiming that the rules don't "permit such service." The exporters said service instead should be effectuated through diplomatic channels, as contemplated by the rules, as this would "respect international comity and due process principles" (U.S. v. Koehler Oberkirch GmbH, CIT # 24-00014).
The U.S. told the U.S. Court of Appeals for the Federal Circuit that the principle of stare decisis requires the appellate court to sustain the legality of the Commerce Department's non-market economy policy (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).
Sanctions and export control attorney Keil Ritterpusch has joined Buchanan Ingeroll as a shareholder in the international trade and national security practice group, the firm announced May 13. Ritterpusch has worked across the defense, aerospace and software sectors and has helped clients put in place compliance programs involving the International Traffic in Arms Regulations, Export Administration Regulations, Foreign Trade Regulations, Office of Foreign Assets Control regulations and Foreign Corrupt Practices Act requirements.
Laos formally accepted the World Trade Organization Agreement on Fisheries Subsidies May 13, moving the total number of countries that have accepted the deal to 74. The WTO requires 36 more to reach the two-thirds threshold needed for full acceptance of the agreement to be able to enter into effect.
The U.K. High Court of Justice on May 10 made permanent a court order blocking sanctioned Russian entity VEB from taking a dispute with Barclays Bank to an arbitration court in Russia. The court rejected VEB's claim that British sanctions "frustrated" an arbitration agreement between the parties.
Conservation groups Sea Shepherd New Zealand and Sea Shepherd Conservation Society asked the Court of International Trade on May 10 for another 30 days to settle the final issues in a case ultimately seeking an import ban on certain types of fish from New Zealand. The conservation groups said they sent the U.S. an offer to settle the matter of the groups' "claim for fees and costs in this case," and that DOJ is reviewing the offer under the agency's regulations (Sea Shepherd New Zealand v. United States, CIT # 20-00112).
The Court of International Trade on May 13 entered default judgment against Chinese exporter Cherish Your Health Food Inc. in a customs penalty case. The U.S. brought the suit in October 2023 claiming that the company hadn't paid antidumping duties on five fresh garlic entries imported in 2018-20 (United States v. Cherish Your Health Food, CIT # 23-00230).
The U.S. on May 10 told the U.S. Court of Appeals for the Federal Circuit that the Court of International Trade "improperly relied on extra-record information" in rejecting the Commerce Department's final determination in the antidumping duty investigation on hardwood plywood from China (Linyi Chengen Import and Export Co. v. United States, Fed. Cir. # 24-1258).
The following lawsuits were recently filed at the Court of International Trade: