DOJ under President Donald Trump likely will pursue greater criminal enforcement of the most recent tariffs imposed on China to serve as a "general deterrent" and "punish instances of serious misconduct," attorneys at BakerHostetler said in a recent post. In response, foreign parties should be "mindful of their potential criminal exposure," partners Artie McConnell, Jennifer Solari and Michael Snarr said.
The following lawsuits have been filed recently at the Court of International Trade:
The Court of International Trade dismissed eight customs cases for lack of prosecution, noting that all cases were previously placed on the customs case management calendar but weren't removed "at the expiration of the applicable period of time of removal."
President Donald Trump's decision to eliminate the duty-free de minimis threshold for goods from China, issued as part of his 10% tariff hike on Chinese products, likely will face legal challenges due to the economic importance of the de minimis rule, customs attorney Lawrence Friedman told us. However, many questions remain on the precise scope of any resulting change, along with the legal theory underpinning it.
Paul Rosen, former assistant secretary for investment security at the Treasury Department, has joined Latham & Watkins as a partner in the Committee on Foreign Investment in the U.S. and national security practice, the firm announced. At Treasury, Rosen oversaw CFIUS and its investment screening and enforcement activities.
International trade and customs attorney Jon Cowley has rejoined Baker McKenzie as a partner after working as principal counsel for trade and export at Apple, the firm announced. Cowley worked at Baker McKenzie during 2017-21 as a partner in the Hong Kong and Chicago offices. Before that, he was assistant general counsel for customs and international trade at Nike.
The following new lawsuit was filed recently at the Court of International Trade:
Exporter Nagase & Co. and the U.S. settled all claims in Nagase's suit challenging the first administrative review of the antidumping duty order on glycine from Japan. As a result, the U.S. Court of Appeals for the Federal Circuit dismissed the exporter's appeal of the AD review (Nagase & Co. v. United States, Fed. Cir. # 25-1008).
Importer Eteros Technologies asked the Court of International Trade for an expedited briefing schedule in its suit alleging that CBP retaliated against the company's executives after the company received a favorable ruling at the Court of International Trade (see 2501300018). Eteros said a speedy resolution of the case is needed "to resolve the legal uncertainties created by CBP’s defiance of this Court’s Article III powers and the reach of its national jurisdiction" and its "prior judgments and orders" (Eteros Technologies USA v. United States, CIT # 25-00036).
After President Donald Trump announced his sweeping tariff action on China under the International Emergency Economic Powers Act, as well as now-delayed IEEPA tariffs on Mexico and Canada, trade lawyers told us to expect the duties to be challenged in court. Matt Nicely, lead counsel in the ongoing case against tariffs imposed on China during Trump's first administration, said in an email that a legal challenge is coming, a sentiment echoed across the trade bar.