Importer Keirton USA is not entitled to $487,198.31 in attorney fees and other expenses incurred during its suit against the U.S. regarding goods CBP seized as drug paraphernalia, the Court of International Trade ruled April 11. Judge Claire Kelly said that because the issue in the case -- whether Washington state law permitted the goods to be imported over the federal ban on drug paraphernalia -- was a novel one and the government had a reasonable basis in law for litigating the issue, Keirton was not entitled to the legal fees.
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
Three conservation groups reached a settlement with the Interior Department that will require the agency to soon reach a decision that could lead to a ban on imports of wildlife, including fish, from Mexico. Interior must come to a decision by May 19 and provide a “substantive response” describing why it reached that decision 15 days later.
The following lawsuits were filed at the Court of International Trade during the weeks of March 20-26 and March 27 - April 2:
The Court of International Trade on March 29 dismissed a lawsuit from cell phone case maker Otter Products seeking interest on customs duty overpayments, finding it lacked jurisdiction to hear the case. Judge Claire Kelly held that the Administrative Procedure Act waiver of sovereign immunity only applies to interest on deposits linked with liquidated entries. As a result, there is no specific waiver of immunity related to Otter's claim for interest for its overpayments on tendered prior disclosures "under the no-interest rule," Kelly said.
The following lawsuits were filed at the Court of International Trade during the week of March 13-19:
The Office of the U.S. Trade Representative complied with Administrative Procedure Act requirements when it set lists 3 and 4A Section 301 tariffs on China, the Court of International Trade held in a much-anticipated opinion on March 17. After USTR provided more explanation of its tariff decisions on remand, judges Mark Barnett, Claire Kelly and Jennifer Choe-Groves held that the explanations were not made impermissibly post hoc and cleared APA requirements.
The Court of International Trade doesn’t have jurisdiction to hear a case involving a textile company’s dispute with CBP, saying the company sought relief under the wrong statute, Judge Timothy Stanceu held in a March 10 opinion. The trade court found Printing Textiles, doing business as Berger Textiles, didn’t show why the denied protest challenge should be filed under Section 1581(i), the court's "residual" jurisdiction, and not Section 1581(a). Berger filed a notice of appeal the next business day.
The following lawsuits were filed at the Court of International Trade during the week of March 6-12:
The U.S. and importer Root Sciences struck a settlement in a case on whether Root's cannabis crude extract recovery machine imports should be seized as "drug paraphernalia," the importer said in a March 7 brief at the U.S. Court of Appeals for the Federal Circuit. Under the settlement, CBP will release the merchandise to the plaintiff and Root will end its suit, according to the consent motion to voluntarily dismiss the appeal (Root Sciences v. United States, Fed. Cir. # 22-1795).
The following lawsuits were filed at the Court of International Trade during the weeks of Feb. 20-26 and Feb. 27 - March 5: