The Commerce Department universally tolled all "Enforcement and Compliance deadlines" for 47 days, the effective length of the federal government shutdown, save for submissions due during the shutdown and requests for administrative reviews of suspension agreements and antidumping and countervailing duty orders.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 10-16:
A trial attorney at DOJ's international trade field office, Luke Mathers, has left the agency and joined Sandler Travis as an associate, according to his LinkedIn profile. Mathers joined DOJ in 2022 in the New York-based trade field office, where he worked on various customs and antidumping and countervailing duty matters. Prior to joining the agency, Mathers was an associate at Skadden.
An Indonesian jewelry company and its co-owner, along with two other employees, were charged last week with taking part in a scheme to evade over $86 million in customs duties on jewelry imports, the U.S. Attorney's Office for the District of New Jersey announced. Two of the individuals, Indonesian national Icha Anastasia and Italian national Claudio Fogale, were arrested last week and each charged with one count of conspiracy to commit wire fraud (United States v. PT Untung Bersama Sejahtera a/k/a UBS Gold, D.N.J. # 2:25-12158).
The U.S. Court of Appeals for the Federal Circuit on Nov. 17 held that five types of medical foods imported by Nutricia North America are properly classified as "medicaments" and not as "food preparations." Judges Sharon Prost, Richard Taranto and Leonard Stark overruled the Court of International Trade's decision, which came to the opposite conclusion, finding that Nutricia's products are properly found to be medicaments under duty-free Harmonized Tariff Schedule subheading 3004.50.5040.
President Donald Trump may look to ramp up his use of sections 232 and 301 should the Supreme Court rule that the International Emergency Economic Powers Act can't be used for levying tariffs, various lawyers told us. However, the expanded use of these statutes, both as they are being used now and how they may be used to supplant the existing reciprocal and fentanyl trafficking tariffs, may encounter legal difficulties.
The Court of International Trade on Nov. 12 granted default judgment against importer Rago Tires for negligence in importing tires by not declaring the goods as subject to antidumping and countervailing duties on Chinese truck and bus tires. Judge Joseph Laroski ordered Rago to pay a $14,108.87 penalty.
DOJ has increasingly relied on an undervaluation theory for trade enforcement cases brought under the False Claims Act in its increased attempt to police trade fraud and may be looking to include "corporate integrity agreements" as part of trade-related FCA settlements, attorneys at Faegre Drinker said during a Nov. 13 webinar that focused on increased trade enforcement.
The following lawsuits were filed at the Court of International Trade during the weeks of Oct. 27 - Nov. 2 and Nov. 3-9:
Three Chinese researchers were charged on Nov. 5 with conspiracy to smuggle biological materials into the U.S. and for making false statements to CBP officers, DOJ announced. The individuals, Xu Bai, Fengfan Zhang and Zhiyong Zhang, were all research scholars with J-1 visas conducting research at the University of Michigan laboratory of researcher Xianzhong Xu, DOJ said.