The following lawsuits were filed at the Court of International Trade during the weeks of Nov. 21-27 and Nov. 28 - Dec. 4:
DOJ briefs in the massive Section 301 litigation don't demonstrate that the Office of the U.S. Trade Representative considered "major objections contemporaneously with its decisions" to impose the lists 3 and 4A tariffs, the plaintiffs argued in a Dec. 5 reply brief at the Court of International Trade. While USTR relies on presidential direction as the post hoc justification of its decisions, the court already ruled that out as a means of satisfying the Administrative Procedure Act, the brief said. To now satisfy the APA, the U.S. may take new action, but the lists 3 and 4A tariffs may not stay in place based on "conclusory and post hoc rationales," the plaintiffs said (In Re Section 301 Cases, CIT #21-00052).
Colorado-based Ellab Inc. and its Danish parent company, Ellab A/S, paid the U.S. over $700,000 to settle charges that it failed to pay customs duties on imports of thermal validation equipment, the U.S. Attorney's Office for the District of Colorado announced Dec. 1. The U.S. alleged Ellab failed to classify its imports and properly declare their value, neglecting to pay the full amount of the duties owed on the goods.
CIT Bars Import of Certain Types of Fish From New Zealand, Says Conservation Group Likely to Succeed
The Court of International Trade on Nov. 28 blocked imports of certain fish taken from New Zealand's West Coast North Island multispecies set-net and trawl fisheries. In an opinion that cited renowned conservationist Rachel Carson, Judge Gary Katzmann found plaintiffs are likely to succeed in arguing two claims in the case seeking a Marine Mammal Protection Act ban on imports of fish and fishery products from New Zealand and caught using techniques that have caused the near extinction of the Maui dolphin, warranting the injunction. The injunction covers snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, mullet and gurnard from the New Zealand set-net and trawl fisheries.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 14-20:
The following lawsuits were filed at the Court of International Trade during the weeks of Oct. 31 - Nov. 6 and Nov. 7-13:
The following lawsuits were filed at the Court of International Trade during the week of Oct. 24-30:
The following lawsuits were filed at the Court of International Trade during the week of Oct. 17-23:
It's legal for importer Keirton USA to enter marijuana-related drug paraphernalia into Washington state, the Court of International Trade ruled in an Oct. 20 opinion. Building on the trade court's similar Eteros decision, Judge Claire Kelly said Washington's repeal of past restrictions on marijuana-related drug paraphernalia constitutes an authorization of the manufacture, possession and distribution of these goods, so that importing these goods qualifies for the exemption under the Federal Mail Order Drug Paraphernalia Control Act of 1986. Kelly, like Judge Gary Katzmann in the Eteros decision, relied on the Supreme Court case Murphy v. NCAA to construe the definition of "authorization."
The following lawsuits were filed at the Court of International Trade during the weeks of Oct. 3-9 and Oct. 10-16: