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.
The U.S. Court of Appeals for the Federal Circuit on May 9 upheld the Court of International Trade's classification of 14 mixtures of frozen fruits and vegetables under Harmonized Tariff Schedule subheading 0811.90.80, the residual category for "other" frozen fruit.
Ashlande Gelin, a former attorney at the Commerce Department's Office of the Chief Counsel for Trade Enforcement and Compliance, left the agency to join Sidley Austin as a managing associate, she announced May 8 on LinkedIn. Gelin joined Commerce in 2021 after serving as a law clerk and attorney in the Office of the U.S. Trade Representative.
The European Commission opened a public consultation regarding a list of U.S. imports that could become subject to tariffs in response to the flurry of U.S. trade action, should talks with the White House fall through, the commission announced. The list covers over $107 billion worth of U.S. imports, including a "broad range of industrial and agricultural products," it said.
CBP cannot unilaterally decide to reliquidate entries that were erroneously liquidated while subject to a suspension order from the Court of International Trade, the trade court held on May 8. Judge Gary Katzmann said an "enjoined party is not empowered to choose and implement the remedy for its own violations of an injunction," writing that that power is the court's alone.
The following lawsuits were filed at the Court of International Trade during the week of April 28 - May 4:
Three former officials at the Commerce Department's International Trade Administration have joined The Bristol Group, the firm announced. Emily Halle, former program manager at ITA, and Andre Gziryan, former senior policy analyst, have joined the firm as senior advisers. In addition, Scarlet Jaldin, former international trade compliance analyst at ITA, joined as an international trade analyst.