The following lawsuits were filed at the Court of International Trade during the week of Aug. 7-13:
The following lawsuit was filed at the Court of International Trade during the week of July 31 - Aug. 6:
The following lawsuits were filed at the Court of International Trade during the week of July 24-30:
The U.S. Court of Appeals for the Federal Circuit's recent ruling in Royal Brush Manufacturing v. U.S., which found that CBP violated importer Royal Brush's due process rights by not giving it access to business confidential information in an antidumping and countervailing duty evasion proceeding, "may have broader implications," including on forced labor issues, customs lawyer Lawrence Friedman said in a July 28 blog post. If the decision "applies generally, it may require that" CBP make its record fully available, including BCI, which would be an "interesting unintended consequence" of this Enforce and Protect Act case, Friedman said.
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).
New Hampshire-based furniture seller Yogibo will pay $217,832 to settle charges it violated the False Claims Act by "failing to pay customs duties on imports from China," the U.S. Attorney's Office for the District of Massachusetts announced July 26. The case was brought by David Kohlenberger, a whistleblower and former senior logistics and warehouse manager for Yogibo from 2017 to 2021, who will receive 20% of the settlement.
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.