The U.S. District Court for the Western District of North Carolina has granted a motion dismissing several claims by We CBD against shipping company Planet Nine Pirvate Air that arose from a CBP seizure of alleged industrial hemp that tested over the THC limit and was destroyed. The court allowed various counterclaims by Planet Nine to proceed and set a trial date in July (We CBD v. Planet Nine Private Air, W.D.N.C. # 21-00352).
The Commerce Department assigned exporter Double Coin Holdings the 105.31% China-wide dumping rate in its June 15 remand results filed in a suit on an administrative review of the antidumping duty order on off-the-road tires from China. The trade court previously remanded the case so that Commerce could hit the company with the China-wide rate after finding that Double Coin failed to rebut the presumption of government control (China Manufacturing Alliance v. United States, CIT # 15-00124).
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).