The Court of International Trade granted the Department of Justice's motion to stay a case challenging the expansion of Section 232 duties on steel and aluminum “derivatives,” in an Oct. 14 order, due in part to the defendant's likelihood of succeeding on appeal. Finding that a recent U.S. Court of Appeals for the Federal Circuit opinion indicates DOJ's chances of success at the appellate court, CIT also stayed any resulting liquidation but noted that the fact pattern in the present case reads differently from that of the recent Federal Circuit case.
The Court of International Trade doesn't have jurisdiction over cases in which CBP seized goods, Judge Gary Katzmann ruled in an Oct. 7 order. Instead, jurisdiction in these instances lies exclusively with federal district courts, the judge said. Since the seizure of an import does not deem a product excluded, and thus precludes any protestable event, jurisdiction at CIT is barred for seized goods, the court found.
The following lawsuits were filed at the Court of International Trade during the week of Sept. 27 - Oct. 3:
Shine Shipping and Shine International (Shine), companies that arrange for the shipment of goods with vessel operating carriers, were found not to be directly liable for the shipment of counterfeit Nike footwear by the U.S. District Court for the Southern District of New York, in a Sept. 30 opinion (Nike, Inc. v. B&H Customs Services, Inc., et al., S.D.N.Y. #20-01214).
The following lawsuits were filed at the Court of International Trade during the week of Sept. 20-26:
The following lawsuits were filed at the Court of International Trade during the week of Sept. 13-19:
The Court of International Trade rejected an importer's bid for reconsideration of its challenge of the countervailing duty rate assessed on its tire imports. The court found for the second time that the importer lacked proper jurisdiction due to an untimely filed protest of a liquidation decision. “The lesson is both clear and stark: Don’t sit on your rights,” Judge Stephen Alexander Vaden said.
The following lawsuits were filed at the Court of International Trade during the week of Sept. 6-12:
The following lawsuits were filed at the Court of International Trade during the week of Aug. 30 - Sept. 5:
Two Alaskan shipping companies, Kloosterboer International Forwarding and Alaska Reefer Management, filed for a preliminary injunction and a temporary restraining order against CBP penalties for seafood shipments in the U.S. District Court for the District of Alaska. CBP recently continued to issue the penalty notices for companies shipping Alaskan seafood from Alaska to the eastern U.S. via the Bayside, New Brunswick, Canada, port, alleging Jones Act violations. The two companies challenged these penalties in the district court, declaring that they have essentially shut down this critical shipping route that had been previously cleared by CBP as complying with the Jones Act.