Responding to U.S. opposition to its summary judgment motion, importer Mitsubishi Power Americas said Jan. 17 that the government “proffered nothing to dispute” expert testimony that shows its products are neither filters nor purifiers and misunderstood the way they actually work (Mitsubishi Power Americas v. U.S., CIT #21-00573).
Ryan Majerus, former acting assistant secretary for enforcement and compliance at the Commerce Department, has joined King & Spalding as a partner in the international trade practice, the firm announced. Majerus has held various positions in the U.S. government, including senior policy adviser for supply chains at the White House National Economic Council and assistant general counsel in the Office of the U.S. Trade Representative.
Importer Retractable Technologies on Jan. 7 dropped its lawsuit at the Court of International Trade against the Office of the U.S. Trade Representative's 100% Section 301 duty hike on needles and syringes. The company voluntarily dismissed the action without prejudice and declined to comment on the decision (Retractable Technologies v. United States, CIT # 24-00185).
The U.S. Court of Appeals for the Federal Circuit on Jan. 8 heard oral argument in the massive Section 301 litigation, primarily probing the litigants' positions regarding how to interpret the term "modify" in the statute and whether the statute allows the U.S. trade representative to impose duties in response to retaliatory measures from China (HMTX Industries v. United States, Fed. Cir. # 23-1891).
International trade attorney Benjamin Bay has been elevated to partner at The Bristol Group, the firm's managing partner Adam Gordon announced on LinkedIn. Bay joined Bristol in 2023, having previously worked as assistant general counsel in the Office of the U.S. Trade Representative.
In response to importer Mitsubishi Power Americas’ motion for judgment, the U.S. filed a cross-motion for judgment saying the importers’ products are filters and don’t fall under the “basket provision” for other catalytic reactors (Mitsubishi Power Americas v. U.S., CIT #21-00573).
In light of speculation about whether President-elect Donald Trump will use the International Emergency Economic Powers Act (IEEPA) to impose sweeping tariffs on China, Mexico and Canada, observers are revisiting the lone decision in the history of U.S. case law reviewing emergency trade action: U.S. v. Yoshida International.
The U.S. defended its motion to dismiss importer Retractable Technologies' suit against the Office of the U.S. Trade Representative's 100% Section 301 duty hike on needles and syringes, claiming that the Court of International Trade either doesn't have jurisdiction to hear Retractable's claims or that the company failed to state a claim on which relief can be granted (Retractable Technologies v. United States, CIT # 24-00185).
The Court of International Trade has jurisdiction over importer Retractable Technologies' suit against the Office of the U.S. Trade Representative's 100% Section 301 rate hike on needles and syringes, given that the court has already acknowledged its ability to hear cases on agency action taken under presidential direction, Retractable said. Responding to the government's motion to dismiss the case Nov. 19, Retractable pointed to the trade court's recent decision in the case granting a preliminary injunction (PI) on the liquidation of the importer's entries subject to the duties (Retractable Technologies v. U.S., CIT # 24-00185).
Importer MTD Products dropped its case at the Court of International Trade seeking exclusions from Section 301 China tariffs on its spark-ignition reciprocating or rotary internal combustion piston engines. The company filed a complaint in June, claiming that the Office of the U.S. Trade Representative established exclusions for engines of its type classified under Harmonized Tariff Schedule subheadings 8407.90.1020 and 8407.90.1010 (see 2406060034). Counsel for the importer didn't respond to a request for comment (MTD Products v. United States, CIT # 22-00174).