Should the Commerce Department's ACCESS system go down while counsel is attempting to submit documents in a proceeding with the agency, the attorney should document everything to avoid consequences for missed deadlines, said Evangeline Keenan, director of the APO/dockets unit at Commerce, during panel discussion June 14 at the Georgetown Law International Trade Update conference. Speaking on the limits of the ACCESS platform, Keenan said that the agency "will take responsibility if ACCESS is causing problems," while noting that if the issue resides with the attorney's or paralegal's own internet access, then it's their responsibility.

The following lawsuits were recently filed at the Court of International Trade:

The FTC and Florida don’t adequately allege any required element of their claims but “merely recite elements and allege conclusory allegations,” said Chargebacks911 in a motion to dismiss (docket 8:23-cv-00796) with prejudice a fraud complaint in U.S. District Court for Middle Florida in Tampa. Failure to plead any of the elements “is grounds for dismissal,” it said.

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.

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.

The following lawsuit was recently filed at the Court of International Trade:

The U.S. has yet to appear in a case at the U.S. Court of Appeals for the Federal Circuit on the 2019-20 antidumping duty administrative review on aluminum wire and cable from China brought by importer Repwire and exporter Jin Tiong Electrical Materials Manufacturer. The appeal concerns a Court of International Trade decision upholding the Commerce Department's withdrawal of a separate-rate questionnaire it erroneously issued to Jin Tiong (see 2303200039). In a text-only notice to the U.S., the Federal Circuit said that the government has failed to file an entry of appearance, which could lead to dismissal "or other action as deemed appropriate by the court" (Repwire v. U.S., Fed. Cir. # 23-1933).

The Commerce Department's new practice related to questionnaire response extensions supports exporter Tau-Ken Temir's claims against the agency's use of adverse facts available due to missed filing deadlines, TKT told the U.S. Court of Appeals for the Federal Circuit in a notice of supplemental authority (Tau-Ken Temir v. United States, Fed. Cir. # 22-2204).

The U.S. Court of Appeals for the Federal Circuit denied customs broker license exam test taker Byungmin Chae's combined petition for panel rehearing and rehearing en banc of the appellate court's opinion landing him just one question short of passing the exam taken in April 2018. The court said Chae's petition was referred to the panel that heard the case, comprising Judges Pauline Newman, Sharon Prost and Kimberly Hughes, and was then circulated to all the judges in regular active service. A month prior, the court rejected duplicates of Chae's petition seemingly filed in error.

The U.S. is asking Mexico to review whether an Industrias del Interior (INISA) garment factory near Aguascalientes is coercing workers by favoring workers who support the company's collective bargaining agreement and disciplining -- and dismissing -- workers if they support the union Sindicato de Industrias del Interior. The administration made the announcement June 12. It is the first complaint not in the auto sector.