Target Corporation was denied the chance to appeal a Court of International Trade decision on the antidumping duty rate for ironing tables from China that the retailer imports. In a Feb. 16 decision, the U.S. Court of Appeals for the Federal Circuit said that the company has no right to appeal because it wasn't part of the original case and that it is not appealing CIT's original decision to deny Target the right to intervene in the original case.
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
The Court of International Trade on Feb. 16 ordered a cigarette rolling paper importer to pay a $239,946.40 penalty for negligent violations of Section 592 because of $5,296.37 in remaining unpaid excise taxes. Judge Gary Katzmann issued the default judgment against The Token Group after the importer failed to appear in court to dispute the charge that it hadn't paid the full $119,973.20 in excise taxes it originally failed to pay.
The International Trade Commission is banning importation of lithium-ion batteries from SK Innovation, the ITC said in a notice issued Feb. 10. The ITC issued a Section 337 limited exclusion order on SK batteries, as well as a cease and desist order against SK, after its South Korean rival LG Chem accused the company of stealing trade secrets. The company still may import components for domestic U.S. production of lithium-ion batteries and other parts for Ford Motor Co.'s EV F-150 program for four years, and for Volkswagen of America's MEB electric vehicle line for North America for two years.
The Court of International Trade will use a “master case” to reduce the time and expense of duplicate filings in the more than 3,700 lawsuits against President Donald Trump's lists 3 and 4A Section 301 China tariffs, CIT Judge Mark Barnett said in a Feb. 10 order. Barnett also gave the government defense until March 12, 2021, to submit its first defense, barring no motions to extend time to file. These procedural steps pertain to the copious number of Section 301 cases that were assigned to a three-panel judge at CIT on Feb. 5 (see 2102050008).
While the World Trade Organization faces multiple crises, including COVID-19 vaccine export control threats and massive trade wars, the institution's Deputy Director-General Alan Wolff delivered a 10-item agenda for moving forward. Speaking Feb. 9 at a Washington International Trade Association conference, Wolff said the WTO will be judged by “how well it deals with the crises of our time,” saying it must “demonstrate soon and visibly that it can deliver on subjects relevant to all those who engage in international trade or are affected by it ... pretty much everyone.”
The following lawsuits were filed at the Court of International Trade during the week of Feb.1-7:
South Korea Trade Minister Yoo Myung-hee dropped her candidacy for World Trade Organization director-general, clearing a path for Nigeria's Finance Minister Ngozi Okonjo-Iweala to be elected. Announcing her decision at a Feb. 5 briefing in Seoul, Yoo said it was made in coordination with the U.S. as a way to reach a consensus among WTO members on the one candidate who will lead the organization, according to a report in The Korea Herald.
A three-judge Court of International Trade panel will oversee all cases tackling the legality of lists 3 and 4 Section 301 China tariffs, Chief Judge Timothy Stanceu said in an order signed Feb. 5. Judges Mark Barnett, Claire Kelly and Jennifer Choe-Groves -- the three most senior active judges on the court -- were assigned to hear one of the largest mass filings in the court's history.
Firearms trade expert Michael Andersen is the new director of regulatory services for Orchid, a federal firearms license business and compliance software company. Andersen will lead Orchid's international trade practice related to import/export licensing, alcohol, tobacco and firearms compliance, and firearms e-commerce regulations, the company said in a news release. Previously, Andersen was the director of compliance at Brownells, working on federal firearms compliance and international trade programs.
The Court of International Trade on Feb. 4 denied a broad challenge to Section 232 tariffs on steel products (see 1912040033), finding against a group of steel importers that had challenged the initial proclamation that set the tariffs, as well as procedural steps that formed the basis for the action. One of several recent cases challenging the tariffs, this one differed in its focus on the Commerce Department report that preceded the tariffs, as well as the proclamation's failure to set an explicit expiration date. The trade court found in favor of the government on both issues, holding that the Commerce report was not a final agency action that could be challenged in court and that the law behind Section 232 does not require the president to decide a date when the tariffs will end.