The transfer of certain customs issues from the EU Court of Justice to the EU General Court "could lead to faster and more specialized decisions," lawyers at Baker McKenzie said in a client alert earlier this month. Partner Arnoud Willems and associate Line Hammoud said the change potentially could make it easier for companies to "bring cases and achieve favorable outcomes."
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.
A Ukrainian citizen last living in Estonia was sentenced on Nov. 13 to 33 months in prison for skirting U.S. export laws by trying to smuggle a dual-use export-controlled "500 Series CPWZ Precision Jig Grinder" to Russia, DOJ announced. Stanislav Romanyuk, who was charged in 2022 (see 2210200023), pleaded guilty to his role in the scheme, admitting to brokering the sale of the jig grinder from an Estonia-based company he operated.
The U.S. Court of Appeals for the Federal Circuit on Nov. 14 issued its mandate in a pair of antidumping and countervailing duty scope cases in which it sustained the Commerce Department's inclusion of door thresholds imported by Worldwide Door Components and Columbia Aluminum Products in the scope of the AD/CVD orders on aluminum extrusions from China (see 2410080046). The court said Commerce adequately explained that door thresholds are subassemblies and not qualified for the finished merchandise exception. The court affirmed that subassemblies and finished merchandise are "mutually exclusive categories" (Worldwide Door Components v. United States, Fed. Cir. # 23-1532) (Columbia Aluminum Products v. United States, Fed. Cir. # 23-1534).
The U.S. corrected a representation it made during Nov. 11 oral argument about whether petitioner Bonney Forge could have attended an on-site verification of respondent Shakti Forge Industries during an antidumping duty investigation on forged steel fittings from India (Bonney Forge Corporation v. U.S., CIT #20-03837).
The Court of International Trade sustained 162 requests for Section 232 steel tariff exclusions submitted by importer California Steel Industries in a confidential decision, though the court remanded 31 separate exclusion denials. Judge M. Miller Baker said that should the Commerce Department grant any of the 31 remanded exclusion requests, it shall tell CBP "to honor them" by extending the exclusions to "otherwise-eligible entries" that had not finally liquidated by the fifth business day after the original exclusion request denials (California Steel Industries v. United States, CIT # 21-00015).
Nvidia CMP 170 HX graphics processing units should be excluded from Section 301 tariffs on China, importer Atlas Power argued in a Nov. 13 motion for judgment at the Court of International Trade (Atlas Power v. United States, CIT # 23-00084).
Restrictive trade measures from 20 of the world's leading economies "significantly increased" over the past year, the World Trade Organization found in its 31st Trade Monitoring Report. While the Group of 20 countries also imposed 141 trade facilitating measures, the report said that from October 2023 to October 2024, G20 nations imposed 91 new trade-restrictive measures covering around $828.9 billion worth of goods, up from about $246 billion worth of goods in the last report, which covered restrictions imposed from mid-May to mid-October 2023.
The following lawsuit was recently filed at the Court of International Trade:
The U.S. brief opposing exporter Koehler Oberkirch GmbH's petition for mandamus relief on the question of whether the government properly served the exporter relies on "case law of other circuits" and not the U.S. Court of Appeals for the Federal Circuit, Koehler argued. Filing a response brief on Nov. 12, the exporter said the "law of other jurisdictions does not determine legal error or a clear abuse of discretion in this Circuit" (In Re Koehler Oberkirch GmbH, Fed. Cir. # 25-106).
The Court of International Trade dismissed Byungmin Chae's second lawsuit challenging his results of the April 2018 customs broker license exam, finding that the suit is precluded by the Nebraska resident's first case challenging the test.