Emergency Action Notifications issued by the Animal and Plant Health Inspection Service can’t be challenged at the Court of International Trade, CIT said in a decision issued June 20. Dismissing an importer’s challenge to an EAN citing contaminated wood packaging material and ordering destruction or exportation of the entire shipment, CIT found U.S. district courts have jurisdiction over actions by the Agriculture Department and transferred the case to the Southern Texas U.S. District Court.
Emergency Action Notifications issued by the Animal and Plant Health Inspection Service can’t be challenged at the Court of International Trade, CIT said in a decision issued June 20. Dismissing an importer’s challenge to an EAN citing contaminated wood packaging material and ordering destruction or exportation of the entire shipment, CIT found U.S. district courts have jurisdiction over actions by the Agriculture Department and transferred the case to the Southern Texas U.S. District Court.
The following lawsuits were filed at the Court of International Trade during the week of June 11-17:
An importer of solar cells can’t challenge CBP’s decision to require antidumping and countervailing duty cash deposits without a scope ruling in hand, the U.S. Court of Appeals for the Federal Circuit said June 14. Reversing an October 2016 decision from the Court of International Trade (see 1610200024), CAFC held the trade court did not have jurisdiction to hear a challenge of CBP’s allegedly illegitimate decision to require cash deposits because Commerce had not yet issued a scope ruling on whether Sunpreme’s hybrid solar cells were included under the scope of AD/CVD orders on solar cells from China.
Canada's Foreign Minister Chrystia Freeland, in Washington to receive an honor from the Foreign Policy publications group as diplomat of the year, took the opportunity to meet with U.S. Trade Representative Robert Lighthizer June 14. While NAFTA negotiations will continue intensively over the summer, she said, most of the hourlong meeting was about tariffs -- both those imposed by the U.S. and the Canadian dollar-for-dollar response.
Canada's Foreign Minister Chrystia Freeland, in Washington to receive an honor from the Foreign Policy publications group as diplomat of the year, took the opportunity to meet with U.S. Trade Representative Robert Lighthizer June 14. While NAFTA negotiations will continue intensively over the summer, she said, most of the hourlong meeting was about tariffs -- both those imposed by the U.S. and the Canadian dollar-for-dollar response.
The following lawsuits were filed at the Court of International Trade during the week of June 4-10:
BALTIMORE -- There has been a long wait for details on how drawback will work under the Trade Facilitation and Trade Enforcement Act, but Dave Corn, vice president of Comstock and Theakston, said things are going to be moving in the next month. The Office of Management and Budget is required to send the proposed rule back to CBP by July 5, and Corn said he expects CBP to release a proposed rule notification a week or two after OMB acts. A lawsuit on whether CBP's action to change accelerated payment practices was outside its authority for interim guidance should also be resolved within a few weeks, he said while speaking at the American Association of Exporters and Importers annual conference on June 8.
BALTIMORE -- There has been a long wait for details on how drawback will work under the Trade Facilitation and Trade Enforcement Act, but Dave Corn, vice president of Comstock and Theakston, said things are going to be moving in the next month. The Office of Management and Budget is required to send the proposed rule back to CBP by July 5, and Corn said he expects CBP to release a proposed rule notification a week or two after OMB acts. A lawsuit on whether CBP's action to change accelerated payment practices was outside its authority for interim guidance should also be resolved within a few weeks, he said while speaking at the American Association of Exporters and Importers annual conference on June 8.
A federal court recently dismissed a whistleblower lawsuit filed over pipes imported from China that were allegedly misclassified in order to avoid antidumping and countervailing duties. The May 23 decision in U.S. District Court for the Northern District of Illinois Eastern Division was highlighted in a Hogan Lovells blog post. The False Claims Act (FCA) lawsuit was filed by Roger Schagrin, a lawyer with experience in international trade and the steel industry, in 2014 against LDR Industries. Plaintiffs in successful whistleblower lawsuits involving defrauding the government are allowed to receive a portion of the recovered funds.