The Office of Foreign Assets Control last week removed a former Lebanon-based small business owner from its Specially Designated Nationals List after he sued the Treasury Department over his designation in December, arguing that OFAC unfairly delayed a decision on his delisting request.
The State of California and its governor, Gavin Newsom, filed an amici curiae brief on May 15 in a lawsuit brought by 12 U.S. states against all tariff action taken by President Donald Trump under the International Emergency Economic Powers Act. In it, the state made a bevy of statutory arguments against the government's interpretation of IEEPA, all of which are included in the state's own lawsuit against the IEEPA tariffs (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
The Commerce Department properly found that exporters Canadian Solar and Trina Solar circumvented the antidumping duty and countervailing duty orders on Chinese solar cells by sending their products through Thailand, the Court of International Trade held on May 16. Judge M. Miller Baker sustained Commerce's decision to put special emphasis on the amount of research and development investment into the companies' Thai facilities to show that the companies' processes in the country were "minor or insignificant."
One hundred forty-eight members of the House of Representatives filed an amicus curiae brief May 16 saying the International Emergency Economic Powers Act wasn't intended to grant the president the power to levy tariffs (The State of Oregon v. Donald Trump, CIT # 25-00077).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. opened a civil suit against importers Aspects Furniture Manufacturing and Aspects Furniture International seeking nearly $7.7 million in unpaid antidumping duties on 99 entries of wooden bedroom furniture from China. The complaint also named Hospitality Engineering Services and the chief executive of all three companies, Amy Sivixay, as defendants, claiming that Hospitality and Sivixay are liable for the unpaid duties, since they controlled the actions of the two importers (United States v. Aspects Furniture Manufacturing, CIT # 25-00089).
Alan Estevez, undersecretary of the Bureau of Industry and Security during the Biden administration, has joined Covington & Burling as a senior adviser in the practice groups working on the Committee on Foreign Investment in the U.S. and international trade controls. Estevez served as undersecretary for more than three years, during which he oversaw the introduction and implementation of a range of new export control rules to restrict sales of advanced semiconductors and chip-related technology to China; new export restrictions against Russia; the continued expansion of the Entity List; and more.
Patrick Childress, former assistant general counsel in the Office of the U.S. Trade Representative, has joined Holland & Knight as a partner in the international trade practice, the firm announced. Childress joined the USTR general counsel office in 2020, where he advised Congress, administration officials and federal agencies on various trade matters, including "digital trade, climate, trade in automotives, foreign investment and regional matters involving Canada and Mexico," the firm said.
DOJ is revising its corporate enforcement policy to encourage more voluntary disclosures, including by outlining a clearer path for self-reporting companies to avoid criminal prosecutions, the agency said. It’s also adding trade and sanctions to the list of “priority areas” for its whistleblower awards program.
The Court of International Trade on May 13 heard arguments in the lead case on the president's ability to impose tariffs under the International Emergency Economic Powers Act. Judges Jane Restani, Gary Katzmann and Timothy Reif pressed counsel for the plaintiffs, the Liberty Justice Center's Jeffrey Schwab, and DOJ attorney Eric Hamilton on whether the court can review whether a declared emergency is "unusual and extraordinary," as well as the applicability of Yoshida International v. U.S., a key precedential decision on the issue, and whether the major questions doctrine applies and controls the case (V.O.S. Selections v. Trump, CIT # 25-00066).