Stephen Vaden, current judge on the Court of International Trade, was confirmed by the U.S. Senate to serve as deputy secretary of agriculture. The Senate confirmed Vaden with a 51-44 vote split exactly down party lines. Five senators -- Ted Budd, R-N.C., Jon Ossoff, R-Ga., Thom Tillis R-N.C., Ruben Gallego, D-Ariz., and Jack Reed, D-R.I., -- didn't take part in the vote.
The Court of International Trade on June 11 held that the government's claim for unpaid duties against a surety company on an entry liquidated in 2009 violates both the statute of limitations for seeking payment and an implied requirement in the bond that demand for payment be made in a reasonable time.
The U.S. Court of Appeals for the Federal Circuit's stay of the Court of International Trade decision vacating all International Emergency Economic Powers Act tariff action likely doesn't signal a win for either side on the merits of the issue, various attorneys told us. In addition, the court's move to set a July 31 oral argument date and have all active judges hear the case indicates a decision will likely be issued in August, the attorneys said.
The following lawsuits were filed at the Court of International Trade during the week of June 2-8:
As the U.S. Court of Appeals for the Federal Circuit mulls the government's emergency stay motion against a Court of International Trade decision permanently enjoining tariffs issued under the International Emergency Economic Powers Act, five different groups of amici filed briefs at the appellate court either attacking or defending the trade court's ruling.
The parties contesting the government's emergency stay motion at the U.S. Court of Appeals for the Federal Circuit of the Court of International Trade's ruling on the president's use of the International Emergency Economic Powers Act tariffs "mischaracterize" statements made by administration officials on the effect of the CIT's ruling, the U.S. said. Responding to claims from 12 U.S. states and a group of importers, the government argued that the trade court's injunction against the IEEPA tariffs is "legally untenable and risks irreparable economic and national-security harms" (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
Joshua Kurland, senior trial counsel at DOJ, said on LinkedIn that he's leaving the department after working as a trial attorney for nearly 16 years. Kurland has worked as senior trial counsel since 2009, representing the government at litigation on "international trade, appeals, Government contracts, and administrative law disputes."
Importer Hellbender filed a complaint at the Court of International Trade on June 6 arguing that its electronic components are of Taiwanese origin, not Chinese origin, and are thus exempt from Section 301 duties (Hellbender v. United States, CIT # 24-00104).
The Commerce Department is asking for public comments on its proposals to revise the current policy of assessing entries of unaffiliated resellers at the all-others antidumping duty rate and to eliminate expedited countervailing duty reviews. Comments are due by July 7.
The following lawsuits were filed at the Court of International Trade during the weeks of May 19-25 and May 26 - June 1: