Conservation groups Sea Shepherd New Zealand and Sea Shepherd Conservation Society voluntarily dismissed their lawsuit seeking an import ban on fish from New Zealand's West Coast North Island inshore trawl and set net fisheries under the Marine Mammal Protection Act (Sea Shepherd New Zealand v. U.S., CIT # 20-00112).
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
The U.S. told the Court of International Trade on Aug. 23 that exporter Hoshine Silicon (Jia Xing) Industry Co. doesn't have statutory or constitutional standing to challenge CBP's denial of the company's request to remove it from a withhold release order (WRO) on silica-based products made by its parent company Hoshine Silicon and its subsidiaries (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
The following lawsuits were filed at the Court of International Trade during the week of Aug. 12-18:
Last week, the Court of International Trade said anti-forced labor advocacy group International Rights Advocates (IRAdvocates) didn't have standing to challenge CBP's inaction in responding to a petition to ban cocoa from Cote d'Ivoire, alleging that it's harvested by child labor (see 2408080049). Terrence Collingsworth, counsel for IRAdvocates, told us he intends to appeal the decision but, should that fail, he is ready to bring alternative plaintiffs before the court who may more clearly establish standing.
The U.S. acknowledged on Aug. 16 that CBP mistakenly liquidated certain tire entries subject to an injunction from the Court of International Trade. Filing a status report, the government said the Commerce Department "took corrective action," telling CBP to "promptly return to unliquidated status any entries that had been inadvertently liquidated in violation of the Court’s order" (Titan Tire Corp. v. United States, CIT # 23-00233).
The following lawsuits were filed at the Court of International Trade during the week of Aug. 5-11:
The Court of International Trade on Aug. 8 said anti-forced labor advocacy group International Rights Advocates (IRAdvocates) doesn't have standing to challenge CBP's inaction in responding to a petition to ban cocoa from Cote d'Ivoire. Judge Claire Kelly said IRAdvocates failed to show that CBP's inaction "has harmed a core business or diminished any asset."
Three wildlife advocacy groups took to the Court of International Trade on Aug. 8 to contest the collective failure of the Commerce, Treasury and Homeland Security departments and the National Marine Fisheries Service to ban fish or fish products exported from fisheries that don't meet U.S. bycatch standards under the Marine Mammal Protection Act (MMPA) (Natural Resources Defense Council v. Gina Raimondo, CIT # 24-00148).
The following lawsuits were filed at the Court of International Trade during the week of July 29 - Aug. 4:
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).