The World Trade Organization's Agreement on Fisheries Subsidies took effect Sept. 15 during a special General Council meeting after instruments of acceptance were received from Brazil, Kenya, Vietnam and Tonga, the WTO announced. Those acceptances brought the total number over the two-thirds threshold needed for the deal to enter into force (see 2508250013).
Nike reached a settlement with importer City Ocean International and freight forwarder City Ocean Logistics in Nike's case against the companies for trademark counterfeiting, trademark infringement, false designation of origin, trademark dilution, importation of goods bearing infringing marks and violation of the Tariff Act. The terms of the settlement weren't disclosed, though Nike dismissed its complaint with prejudice, meaning it can't be refiled (Nike v. Eastern Ports Custom Brokers, D.N.J. # 2:11-04390).
Michael Granston, former deputy assistant attorney general for the Commercial Litigation Branch in DOJ's Civil Division, has rejoined Covington as a partner in the False Claims Act investigations and litigation practice group, the firm announced. Granston worked at DOJ for nearly 30 years, serving as deputy assistant attorney general since 2019, where he managed litigation and enforcement of FCA, international trade and intellectual property matters. Before going to DOJ, he was an associate in Covington’s litigation and white collar practice groups.
The following lawsuits were filed at the Court of International Trade during the weeks of Aug. 11-17, Aug. 18-24, Aug. 25-31 and Sept. 1-7:
The Supreme Court on Sept. 9 agreed to hear two cases on the legality of tariffs imposed under the International Emergency Economic Powers Act and to do so on an expedited basis. The court set a briefing schedule that would conclude by Oct. 30 and set argument for the first week of November (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The Court of International Trade on Sept. 8 dismissed exporter Pipe & Piling Supplies' case against the 2022-23 administrative review of the antidumping duty order on large diameter welded pipe from Canada, for lack of subject-matter jurisdiction. Judge Jane Restani said the company failed to notify the other interested parties of its lawsuit as required by the USMCA, as required by 19 U.S.C. 1516a(g)(3)(B), adding that this requirement is a jurisdictional one.
Plaintiffs in the primary case on the legality of tariffs imposed under the International Emergency Economic Powers Act told the Supreme Court on Sept. 5 that they consent to the high court's review of the case. Responding to the government's petition for writ of certiorari filed after the U.S. Court of Appeals for the Federal Circuit ruled against many of the tariffs, the plaintiffs, consisting of five importers, said Supreme Court review is "essential," and the court's "final word is needed urgently" in light of the harm wrought by the tariffs (Donald J. Trump v. V.O.S. Selections, U.S. 25-250).
The U.S. on Sept. 3 asked the Supreme Court to review the lead case on the legality of tariffs imposed under the International Emergency Economic Powers Act, concurrently moving the court for expedited consideration of its petition for writ of certiorari. Should the petition be granted, Solicitor General D. John Sauer asked that the court expedite the briefing schedule as well, which would conclude with oral argument held the first week of November (Donald J. Trump v. V.O.S. Selections, U.S. 25-250).
Surety company U.S. Specialty Insurance Company argued in an Aug. 29 complaint at the Court of International Trade that CBP failed to use transaction value to value importer Cheer Rise's garment entries. Instead, the agency arbitrarily decided to use the "fall back method" of appraisal, "rendering the appraisement unlawful," the complaint said (U.S. Specialty Insurance Co. v. United States, CIT # 25-00188).
DOJ launched a cross-agency "Trade Fraud Task Force" on Aug. 29 to "bring robust enforcement against importers and other parties who seek to defraud the United States," the agency announced. The task force will bring together attorneys from the agency's civil and criminal divisions, along with officials at CBP, to target tariff evasion and "smugglers who seek to import prohibited goods into the American economy."