The U.S. Court of Appeals for the 9th Circuit rejected an argument from a Chinese engineering professor who said his illegal export shouldn't have been subject to national security controls, which made the export subject to a higher base offense (U.S. v. Yi-Chi Shih, 9th Cir. # 23-3718).
German exporter Koehler petitioned the U.S. Court of Appeals for the Federal Circuit for a writ of mandamus on Oct. 31 to settle the question of whether the company can be served via its U.S. counsel after the Court of International Trade refused to certify the issue for intermediate appeal. Koehler said the issue of whether CIT rules allow service on a foreign dependent through its U.S. counsel "is a basic, undecided question in this Circuit that is likely to recur" (Koehler Oberkirch GmbH v. United States, Fed. Cir. # 25-106).
International trade attorney Robert Seely is retiring after nearly 23 years at Grunfeld Desiderio as of counsel, the firm confirmed in an email. Seely joined the firm in its New York office in 2002, working on securing duty refunds and customs classification matters.
The following lawsuits were recently filed at the Court of International Trade:
Exporter CVB voluntarily dismissed its appeal on Oct. 29 at the U.S. Court of Appeals for the Federal Circuit on the International Trade Commission's affirmative injury finding on mattresses from various Asian countries (CVB v. U.S., Fed. Cir. # 24-1504).
The Court of International Trade on Oct. 30 referred a customs penalty suit against importer Katana Racing to mediation under Judge Jennifer Choe-Groves. The judge overseeing the case, Lisa Wang, said the mediation period will expire March 17 unless Choe-Groves recommends an extension (U.S. v. Katana Racing, CIT # 19-00125).
The Commerce Department reasonably interpreted the Trade Act of 1930 to pause antidumping and countervailing duties on solar cells and modules from four Southeast Asian countries, the government told the Court of International Trade on Oct. 29. Responding to U.S. solar cell maker Auxin Solar and solar module designer Concept Clean Energy, the U.S. said the two companies' arguments belie "Congress' broad delegation of rulemaking authority" to respond to an emergency found by the president (Auxin Solar v. United States, CIT # 23-00274).
The Transportation Department doesn't have "vested authority" to determine whether to admit entries of goods based on whether they comport with federal safety standards, the Court of International Trade held on Oct. 30. Judge Lisa Wang said that, as a result, CBP has the relevant admissibility authority and the trade court can hear the case.
Sally Laing, former chief international trade counsel for Sen. Ron Wyden, D-Ore., and the Senate Finance Committee, returned to Akin, the firm announced. Laing rejoined the firm as an international trade partner after working in the Senate and also as assistant general counsel in the Office of the U.S. Trade Representative. She started her career as a summer associate, international trade associate and counsel at Akin.
Importer Portmeirion Group USA dropped its customs case at the Court of International Trade on Oct. 28, filing a notice of dismissal. The company brought the suit in 2021 to reclassify its ceramic tableware and kitchenware imports under Harmonized Tariff Schedule subheading 6911.10.3850, dutiable at 6%, or subheading 6912.00.3950, dutiable at 4.5%. Counsel for the importer declined to comment (Portmeirion Group USA v. United States, CIT # 21-00179).