The Commerce Department excluded seven types of bricks imported by Fedmet Resources Corp. from the scope of the antidumping and countervailing duty orders on magnesia carbon bricks from China on remand at the Court of International Trade. The agency said, under protest, that the seven brick types had an "above-zero quantity of alumina and were based on testing procedures which properly determined the alumina content at the time of importation" (Fedmet Resources Corp. v. United States, CIT # 23-00117).
The U.S. government's attempt to dismiss anti-forced labor group International Rights Advocates' (IRAdvocates) suit seeking to compel CBP to respond to a withhold release order petition on cocoa from Cote d'Ivoire is "premised on a significant mischaracterization of IRAdvocates' case," the group argued. Filing a reply brief at the U.S. Court of Appeals for the Federal Circuit on March 13, IRAdvocates said its case is meant to compel a CBP response to the petition and not to secure an affirmative determination on the WRO, as the U.S. suggests (International Rights Advocates v. Kristi Noem, Fed. Cir. # 24-2316).
Brandon Kennedy, a former DOJ trial attorney in the international trade field office, has joined Grant Herrmann as a senior associate focusing on commercial litigation, he announced on LinkedIn. Kennedy told Trade Law Daily that he was already eyeing a move to the private sector but that the "daily chaos of the new administration" accelerated the move. He joined DOJ in 2020 as a trial attorney focused on customs-related litigation.
The EU General Court last week rejected Russian oligarch Alexander Ponomarenko's application to annul his sanctions listing after he argued the European Council violated his procedural rights, committed "manifest errors of assessment" and violated principles of fundamental law.
Serina Baker-Hill, director of CBP's Automotive and Aerospace Center of Excellence and Expertise in Detroit, has been charged in an indictment unsealed on March 12 with defrauding the Federal Emergency Management Agency, making false statements to federal agents and committing wire fraud, the U.S. Attorney's Office for the Eastern District of Michigan announced.
The U.S. agreed to apply Section 232 steel tariff exclusions to 13 of importer California Steel Industries' entries. Filing a stipulated judgment at the Court of International Trade on March 11, California Steel and the government said they settled all issues in the case, additionally noting that Section 232 duties applied to one of the importer's entries will be "final and non-protestable" (California Steel Industries v. United States, CIT # 21-00015).
Importer JBF Bahrain and the U.S. are progressing toward a settlement of the importer's customs case on CBP's denial of duty-free treatment under the U.S.-Bahrain Free Trade Agreement for the company's polyethylene terephthalate (PET) film imports. Filing a joint status report on March 12 at the Court of International Trade, JBF said it has "resolved technical issues and provided document production to the defendant," while the U.S., through CBP, continues to examine "representative samples of the raw materials, intermediate product, and imported product" (JBF Bahrain v. United States, CIT # 23-00067).
President Donald Trump's memo regarding the enforcement of Federal Rule of Civil Procedure (FRCP) 65(c) likely won't affect trade litigation given that the Court of International Trade doesn't follow the FRCP and the existence of customs bonds, attorneys told Trade Law Daily.
Brandon Kennedy, a trial attorney in DOJ's international trade field office, has resigned from the agency, Kennedy confirmed to Trade Law Daily. He will be joining a law firm focusing on commercial litigation unrelated to international trade. Kennedy joined DOJ in 2020 as a trial attorney, focusing on customs-related litigation.
The following lawsuit was recently filed at the Court of International Trade: