Treasury Secretary Scott Bessent said he will attend the Supreme Court's Nov. 5 oral argument on whether President Donald Trump can use the International Emergency Economic Powers Act to impose tariffs. Speaking on Fox News Nov. 3, Bessent said he's going to "hopefully" sit in the "front row, and have a ring-side seat" to the argument (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
Importer Topcon Positioning Systems on Nov. 3 told the Court of International Trade that its "laser levels" are "surveying instruments," properly classified under duty-free Harmonized Tariff Schedule subheading 9015.30.4000, which provides for "levels" used for "surveying." In a motion for summary judgment, Topcon also argued that its accessories are, "in turn," classified under duty-free subheading 9015.90.0030, which covers accessories of surveying instruments (Topcon Positioning Systems v. United States, CIT # 14-00189).
The U.S. Court of Appeals for the Federal Circuit held oral argument on Nov. 4 in a pair of cases on the International Trade Commission's treatment of business proprietary information in injury proceedings. Judges Timothy Dyk, Richard Taranto and Raymond Chen pressed Courtney McNamara, counsel for the ITC, on the commission's policy of treating questionnaire submissions as confidential; on the Court of International Trade's separate authority to publicize information deemed confidential by the ITC; and on whether notice should be provided to the commission prior to the trade court's exercise of that authority (In Re United States, Fed. Cir. #s 24-1566, 25-127).
The arbitrator in a World Trade Organization dispute between the U.S. and the EU on U.S. antidumping and countervailing duties covering Spanish ripe wolves issued a decision on Oct. 29.
The U.S. Court of Appeals for the Federal Circuit said on Oct. 31 that all scheduled arguments will proceed as scheduled despite the federal government shutdown. The appellate court has a full slate of cases scheduled for argument from Nov. 3 to Nov. 6, including two appeals from the Court of International Trade. The court added that "all filing deadlines remain in effect" and that jointly filed or unopposed motions for extensions of time for "briefs and other deadlines in non-calendared cases" will be generally granted for up to 60 days. The court said electronic case filing will remain available through CM/ECF.
The U.S. District Court for the Western District of Texas set sentencing for Jan. 8 in a case against a customs broker for conspiring to violate the Foreign Corrupt Practices Act. Magistrate Judge Kathleen Cardone referred the case for sentencing in an Oct. 24 order after accepting the guilty plea from the individual, Carlos Leopoldo Alvelais (USA v. Carlos Leopoldo Alvelais, W.D. Tex. # 3:25-02512).
No lawsuits have been filed recently at the Court of International Trade.
The U.S. filed a notice of supplemental authority at the Court of International Trade in a case on an antidumping and countervailing duty injury proceeding in light of the U.S. Court of Appeals for the Federal Circuit's decision in Sweet Harvest Foods v. U.S. (NURA USA v. United States, CIT Consol. # 24-00182).
President Donald Trump on Nov. 2 said he won't attend the Supreme Court's oral argument on Nov. 5 on whether the president can use the International Emergency Economic Powers Act to impose tariffs. Speaking to reporters aboard Air Force One, Trump said he didn't want to call attention to himself, adding that "[i]t's not about me, it's about our country" (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
Two Alabama men have been charged with trafficking over 300 weapons and ammunition into Mexico, DOJ announced. Emilio Ramirez Cortes, a Mexican citizen legally residing in the U.S., and his son Edgar Emilio Ramirez Diaz, are both charged with "smuggling firearms, ammunition, magazines and other firearms accessories as well as trafficking of firearms," DOJ said.