A group of retail trade groups, led by the American Apparel and Footwear Association, said that the Office of the U.S. Trade Representative failed to adequately respond to comments when imposing its lists 3 and 4A Section 301 tariffs on China. Submitting an amicus brief at the U.S. Court of Appeals for the Federal Circuit in the massive case against the duties, the retail representatives argued that USTR illegally relied on the president's discretion as a response to the comments, violating the Administrative Procedure Act (HMTX Industries, et al. v. U.S., Fed. Cir. # 23-1891).

The following lawsuits were filed at the Court of International Trade during the week of July 10-16:

Defendants in False Claims Act cases still have a valid defense in light of the U.S. Supreme Court's recent ruling in U.S. ex rel. Schutte v. SuperValu "if there is objective ambiguity" in the law and there exists a "genuine subjective belief in the validity of the claim," Akin Gump lawyer Robert Salcido said in a blog post. FCA defendants also have a valid defense if they "acted with mere negligence or inadvertence," Salcido added, explaining the plaintiff must show that the defendant acted with a "substantial and unjustifiable risk."

The following lawsuits were filed at the Court of International Trade during the weeks of June 26 - July 2 and July 3-9:

The White House on June 28 announced its nominations to fill two vacancies on the Court of International Trade.

The following lawsuits were filed at the Court of International Trade during the week of June 19-25:

DOJ rolled out indictments on June 23 against four China-based chemical manufacturing companies and eight employees and executives at these companies for knowingly making, selling and distributing precursor chemicals for fentanyl proliferation in the U.S. Filing three cases at two New York district courts, Attorney General Merrick Garland said the suits stand as an effort to target "every step of the movement, manufacturing, and sale of fentanyl -- from start to finish." The cases mark the first time a Chinese company or individual has been charged for trafficking fentanyl precursor chemicals.

The following lawsuits were filed at the Court of International Trade during the weeks of May 29-June 4, June 5-11 and June 12-18:

South Korean company Anyclo International pleaded guilty to evading customs duties on clothing it imported, agreeing to a civil settlement with the U.S. under which it will pay $2.05 million to the U.S. in restitution, the U.S. Attorney's Office for the District of New Jersey announced. A $250,000 criminal fine also was levied. Anyclo will pay the settlement, plus interest, over 15 months to resolve potential charges under the False Claims Act.

The Court of International Trade on June 14 dismissed a suit from three conservation groups seeking to compel the Interior Department to decide whether Mexico is engaging in illegal trade and fishing of the totoaba fish, which threatens the endangered vaquita porpoise. The parties reached a settlement in April under which the agency found that Mexican nationals are violating the Convention on International Trade in Endangered Species of Wild Fauna and Flora (see 2306020054). Due to this finding, the U.S. could impose an embargo on any goods coming from Mexico.