Judge Mark Barnett has taken over as the chief judge of the U.S. Court of International Trade, following Judge Timothy Stanceu's assumption of senior status April 5 (see 2103160061), according to the court's website. Barnett joined the court in 2013 as a President Barack Obama appointee. He previously practiced in the international trade group at Steptoe & Johnson and served in the Office of Chief Counsel for Import Administration at the Commerce Department. He was the longest tenured judge at CIT at the time of Stanceu's move to senior status.
Steel parts importer Smith-Cooper International settled a False Claims Act allegation raised by Island Industries that the importer evaded antidumping duties, according to a March 29 filing in the U.S. District Court for the Central District of California. In 2017, Island accused SCI of failing to pay antidumping duties on its welded outlet imports from China while also alleging that SCI submitted false information to the U.S. relating to the applicability and amount of duties owed. The initial lawsuit also accused four companies and 11 individuals of violating the FCA due to duty evasion. In the joint motion to dismiss the case, the case was described as having been vigorously litigated. Now a confidential settlement between SCI and Island has been submitted and accepted by the court. Allied Rubber and Gasket Co. was dismissed from the case in August 2020 while litigation continued with the remaining parties.
A California federal judge on March 26 awarded victory to an importer in a False Claims Act lawsuit that alleged it sold improperly sourced goods to the federal government. Judge William Alsup of the U.S. District Court for the Northern District of California found Matthew MacDowell -- the whistleblower with alleged information that the company violated the FCA -- did not have direct knowledge of wrongdoing.
The following lawsuits were filed at the Court of International Trade during the week of March 22-28:
A Washington importer is challenging the constitutionality of the Enforce and Protect Act's determination process in the Court of International Trade. Leco Supply, having found itself on the wrong side of an EAPA final administrative determination into wire hangers imported from Laos, said in a March 25 complaint that CBP's process in deciding EAPA claims denied it the opportunity to view the confidential documents that CBP relied on to make its determination, depriving the importer of its constitutional due process rights.
The following lawsuits were filed at the Court of International Trade during the week of March 15-21:
U.S. Court of Appeals for the Federal Circuit Judge Jimmie Reyna asked probing questions on the ability of the president to implement or alter Section 232 national security tariffs with few impediments, during oral argument on March 18. The judge questioned Department of Justice counsel Tara Hogan about the government's defense of tariff alterations President Donald Trump made in 2018 and said that the way the government interpreted the law on tariff modifications would not be applicable in his line of business.
Malaysian palm oil exporter Sime Darby Plantation Berhad moved to dismiss a lawsuit against Duncan Jepson, managing director of the nongovernmental organization Liberty Shared, because the underlying investigation by the Securities Commission of Malaysia was dropped, in a March 16 filing with the U.S. District Court for the Eastern District of Virginia. Sime Darby had sought to force Jepson to disclose information relevant to forced labor allegations Jepson filed with the Securities Commission in connection with the investigation (see 2103120040). The U.S. still has a withhold release order in place on the company's palm oil.
Court of International Trade Chief Judge Timothy Stanceu will assume senior status at the court April 5, according to the U.S. Courts website. A 2003 President George W. Bush appointee, Stanceu has held numerous government positions, including as deputy director of the Treasury Department's Office of Trade and Tariff Affairs. Judge Mark Barnett, the longest-serving active judge on the court, is expected by some to take over as chief judge (see 2102050008).
The following lawsuits were filed at the Court of International Trade during the week of March 8-14: