The chair and ranking member of the House Select Committee on China, along with a bipartisan group of 53 representatives, filed an amicus brief last week in the suit against the TikTok ban to support the constitutionality of the ban (see 2406070023) (TikTok v. Merrick Garland, D.C. Cir. # 24-1113).
The Court of International Trade on Aug. 5 sustained the Commerce Department's decision to lower the countervailing duty subsidy rate for exporter Yama Ribbons and Bows Co. related to China's Export Buyer's Credit Program, from 10.54% to 0.87%. The result is a final, recalculated 22.2% total subsidy rate for Yama in the 2017 administrative review of the CVD order on narrow woven ribbons from China.
The governments of Canada and Quebec, along with exporter Marmen Energy, vied for rehearing of a U.S. Court of Appeals for the Federal Circuit decision sustaining the countervailability of a Canadian tax program. Filing for full court or en banc rehearing of the decision, the Canadian government said the court allowed the Commerce Department to ignore "economic reality" and elevated "form over substance" (The Government of Quebec v. United States, Fed. Cir. # 22-1807)
The Court of International Trade earlier this month heard oral argument on whether a CBP protest denial effectively revoked a prior CBP protest decision by applying a different tariff classification to identical merchandise, and should have been subject to a notice-and-comment period (Under the Weather v. U.S., CIT # 21-00211).
A recent federal district court ruling limiting the U.S. anti-smuggling statute to physical goods won't affect export control enforcement efforts on data and other intangible exports sent digitally across borders, lawyers said in interviews. Although the U.S. District Court in Kentucky said a statute barring the unlicensed export of certain merchandise, articles or objects didn't apply to an email with magnet schematics sent to Chinese manufacturers (see 2407290046), lawyers noted that U.S. export control agencies have their own, specific enforcement authorities to regulate those digital transmissions.
The Court of International Trade's CM/ECF system will undergo maintenance 6 a.m. to noon EDT Sept. 8, the court announced. The system will be unavailable during this time.
Don Church of Texas pleaded guilty Aug. 1 to illegally importing protected Australian reptiles into the U.S. on behalf of a "fake zoo which he represented as legitimate," DOJ announced. Church entered 165 Australian reptiles, all covered by the Convention on International Trade in Endangered Species, by giving U.S. and Australian authorities false information.
Taiwan national Pen Yu was sentenced Aug. 2 to three years and eight months in prison for conspiring to commit wire fraud in a scheme to defraud a German biochemical company and divert biochemical products to China using "falsified export documents," DOJ announced. Yu was sentenced by a federal court in Florida, which also ordered the forfeiture of the proceeds of the scheme, which amounted to $100,000.
The following lawsuits were recently filed at the Court of International Trade:
Parts of the expert testimony submitted by the U.S. in a criminal export control case should be excluded from the trial because the experts relied on State Department commodity-jurisdiction determinations prepared outside the court, the U.S. District Court for the Western District of Kentucky said July 31. The court said the defendants didn't have a chance to cross-examine the State Department officials who prepared the determinations because they didn't offer testimony during trial.