China announced that it is "firmly opposed" to both the U.S. decision to open a new Section 301 investigation on allegedly unfair practices in China's maritime, logistics and shipbuilding sectors (see 2404170029) and President Joe Biden's call for a "tripling" of the existing Section 301 tariffs on Chinese steel and aluminum (see 2404170040).
The following lawsuits were filed at the Court of International Trade during the week of April 8-14:
The U.S. Court of Appeals for the 10th Circuit on April 12 ruled that Texas construction equipment distributor I Dig Texas didn't falsely represent its skid steer attachments as being made in the U.S. The court said the company's advertisements were ambiguous on whether the products' parts are all American-made or whether the goods themselves were assembled in the U.S. (I Dig Texas v. Kerry Creager, 10th Cir. # 23-5046).
The EPA on April 10 filed a complaint against California engine lubricant seller USA Wholesale for illegally importing hydrofluorocarbons via a New Mexico port in 2022, marking the first time the agency has filed such a complaint under the American Innovation and Manufacturing Act of 2020, the agency announced.
The Court of International Trade on April 10 rejected the preferred tariff classification of notebooks with calendars from both CBP and importer Blue Sky the Color of Imagination, slotting the products under Harmonized Tariff Schedule subheading 4820.10.20.10 as "diaries." Judge Jane Restani explained that the court should prefer readings of the HTS that establish "conformity" across both the English and French translations of the Harmonized System.
The following lawsuits were filed at the Court of International Trade during the weeks of March 25-31 and April 1-7:
The U.S. District Court for the Western District of North Carolina last week sentenced Alan Nordman, a former CBP employee and North Carolina resident, to one year of probation for illegally selling a customs declaration form signed by a celebrity, Michael Jackson. Judge Kenneth Bell penned the order, which also said that Nordman shall forfeit his interest in the customs form. The North Carolina man pleaded guilty in November to one count of conveyance of a government record for auctioning the form on eBay, where it sold for $795 in 2022.
The U.S. Court of Appeals for the Federal Circuit on April 8 dismissed importer Rimco's challenge of antidumping and countervailing duties on its steel wheel entries, for lack of subject-matter jurisdiction.
Joseph Maher, former acting general counsel of DHS, has joined Nixon Peabody as partner in the national security and resilience practice, the law firm announced. Maher worked at DHS for over 21 years, where he advised "on all legal aspects of the department’s security and enforcement operations," the firm said.
The U.S. Court of Appeals for the Federal Circuit on April 4 sustained the Commerce Department's decision that Australian exporter BlueScope Steel (AIS) didn't reimburse its affiliated U.S. importer, BlueScope Steel Americas, for antidumping duties. Judges Kimberly Moore, Todd Hughes and Leonard Stark echoed the Court of International Trade in finding that it would have been "unreasonable" for the exporter to include the AD in the price charged to the importer because the "exporter itself was not responsible for those duties."