Jacob Kopnick

The Court of International Trade on Oct. 7 denied importer Interglobal Forest's application for attorney's fees in its suit challenging CBP's affirmative finding of evasion of the antidumping and countervailing duty orders on hardwood plywood from China. Judge Mark Barnett said that Interglobal wasn't a "prevailing party" in the action because the evasion determination was reversed without admitting to an agency error and only after the Commerce Department reversed its scope finding after separate legal action at the trade court.

The Court of International Trade on Oct. 7 sent a customs classification dispute on truck steps to a bench trial after finding that the undisputed facts are insufficient for conducting a principal use analysis on whether the products are "side protective attachments." Judge Jennifer Choe-Groves held that while a Section 301 exclusion for "side protective attachments" is a principal use provision, and not a provision for an individual product, the court can't at this time properly assess the imports at issue under a principal use framework.

A former vice president of international cargo airline Polar Air Cargo Worldwide was sentenced to 32 months in prison on Oct. 1 for his role in scheme to defraud the airline out of more than $32 million in revenue, the U.S. Attorney's Office for the Southern District of New York announced. Ahead of sentencing, the former executive, Abilash Kurien, pleaded guilty to conspiracy to commit wire fraud and money laundering.

The following lawsuits were filed at the Court of International Trade during the week of Sept. 23-29:

Meghan Pearce, former federal policy director at tech advocacy group TechNet, has joined Steptoe as a senior international trade legislative assistant in the government affairs and public policy practice, Pearce announced on LinkedIn. Pearce started at TechNet in 2020, working up to policy director. Earlier, she worked as a legislative correspondent for Sen. Pat Toomey, R-Pa.

Texas-based syringe importer Retractable Technologies took to the Court of International Trade to contest the 100% increase of Section 301 tariffs recently imposed on needles and syringes from China. The complaint is seeking a temporary restraining order and a preliminary injunction against the duties, claiming that the tariffs could send the company out of business (Retractable Technologies v. United States, CIT # 24-00185).

The following lawsuits were filed at the Court of International Trade during the weeks of Sept. 9-15 and 16-22:

The World Trade Organization Dispute Settlement Body on Sept. 23 agreed to establish a dispute panel in China's challenge of certain U.S. tax credits for electric vehicles under the Inflation Reduction Act. Ahead of the Sept. 23 meeting of the DSB, China submitted a second request for a dispute settlement panel to assess whether the tax credits violate WTO rules.

Three grape grower trade groups filed a complaint on Sept. 13 in the U.S. District Court for the District of Columbia, challenging the Agriculture Department's notice allowing table grapes from Chile to be imported under a "systems approach" as opposed to using the standard fumigation requirements (California Table Grape Commission v. United States Department of Agriculture, D.D.C. # 24-02645).

International trade lawyer Mary Mikhaeel will leave Miller & Chevalier, where she has worked as a senior associate since January 2023, according to a notice at the Court of International Trade. The firm said Mikaheel will leave the firm effective Sept. 23. Mikhaeel told Trade Law Daily she will be joining Covington's business and human rights practice group. She has been at Miller & Chevalier since 2020, when she joined as an associate, moving from Fox Rothschild.