Gibson Dunn brought a suit to the Court of International Trade on behalf of a small Michigan-based importer, Detroit Axle, to challenge President Donald Trump's revocation of the de minimis threshold for Chinese goods. The complaint, filed on May 16, argues that Trump exceeded his statutory authority in eliminating de minimis for goods from China and acted arbitrarily and capriciously in violation of the Administrative Procedure Act (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
Former airline executive Skye Xu was sentenced to two years in prison for his role in a scheme to defraud Polar Air Cargo Worldwide of more than $32 million, the U.S. Attorney's Office for the Southern District of New York announced on May 15. Xu pleaded guilty to conspiracy to commit wire fraud and honest services wire fraud, wire fraud and conspiracy to commit money laundering.
The U.S. opened a civil suit against importers Aspects Furniture Manufacturing and Aspects Furniture International seeking nearly $7.7 million in unpaid antidumping duties on 99 entries of wooden bedroom furniture from China. The complaint also named Hospitality Engineering Services and the chief executive of all three companies, Amy Sivixay, as defendants, claiming that Hospitality and Sivixay are liable for the unpaid duties, since they controlled the actions of the two importers (United States v. Aspects Furniture Manufacturing, CIT # 25-00089).
A product is "imported" for duty drawback purposes when it's admitted into a foreign-trade zone and not when entered for domestic consumption, the Court of International Trade held on May 15. Judge Timothy Reif said the definition of "importation" found in both the dictionary and Supreme Court precedent distinguishes importation from entry.
Patrick Childress, former assistant general counsel in the Office of the U.S. Trade Representative, has joined Holland & Knight as a partner in the international trade practice, the firm announced. Childress joined the USTR general counsel office in 2020, where he advised Congress, administration officials and federal agencies on various trade matters, including "digital trade, climate, trade in automotives, foreign investment and regional matters involving Canada and Mexico," the firm said.
The following lawsuits were filed at the Court of International Trade during the week of May 5-11:
A Chinese company and three Chinese nationals were charged for their alleged roles in the illegal importation of "pill-making equipment," according to an indictment unsealed on May 12, DOJ announced. The company, CapsulCN International Co., and the individuals, Xiochuan "Ricky" Pan, Tingyan "Monica" Yang and Xi "Inna" Chen, were charged with smuggling and violating the Controlled Substances Act.
The Trump administration on May 9 issued an executive order declaring that it will disfavor criminal enforcement of regulatory offenses in an effort to combat overregulation. Criminal customs enforcement likely won't be affected by the order, since the administration is placing a larger emphasis on trade enforcement and these cases arise out of statutes and not federal regulations, trade lawyers told us.
The Court of International Trade on May 13 heard arguments in the lead case on the president's ability to impose tariffs under the International Emergency Economic Powers Act. Judges Jane Restani, Gary Katzmann and Timothy Reif pressed counsel for the plaintiffs, the Liberty Justice Center's Jeffrey Schwab, and DOJ attorney Eric Hamilton on whether the court can review whether a declared emergency is "unusual and extraordinary," as well as the applicability of Yoshida International v. U.S., a key precedential decision on the issue, and whether the major questions doctrine applies and controls the case (V.O.S. Selections v. Trump, CIT # 25-00066).
The European Commission on May 7 approved an over $5.6 billion French re-insurance scheme for export credit to the U.S. The scheme will run from May 8 to July 8 and will let wine and spirits exporters ship inventory to the U.S. prior to new tariffs on French goods taking effect when a 90-day pause on country-specific reciprocal rate expires.